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

E'ta. .u.AI. ft3~ uI laE ri thr WIZ lf sA tAti
ssd ana thc responsibility Of theiF Pablo areg.
ia D. screened, under tae penalties % tars Act.
May rot D. asscl 1T every mlgl.reHt end u
tlt Hhaucs II. SIS country, wJetaer ur power ever
g.a.a 90 such Ju ArtHs It,, ought lt % r,oius,
c-rata11 universal ss-m1 Wb,saur3 5iId exc
casra nt ,arH al Act in time past, uauA noi hsv
uHsys.fa jai information and communication a.
m1ae Me people u. ch Is iUl ancu>3hIs .a iir ius
exercise d. their electoral rights Ard whether
s.th an AsE H wa3t perpetual aud cnleIc5d vii
rE1uG would H1D n time 90 eomr, either destroy
our Gee sysfru,i Government, nr r+ypar con-
Wi o. tatwg, prove equally hlaiia b.
In au,N,r % such gursl.un3. q aaa btrn pleaded
lhatut UHuu-s 5ej publications forbidden hy ths
Ao' are sUusg opf which ave Ease a4l maa,ous
and intended o. l-am, and mcrt 0, claimed Do.
the privilege allowed "a authors Ia justify bv prov
no tr tlu'a 1i ilt.r Publications, tni or the Hmi-
atnus tn wa.rb tAr sentence ~ hpg end nprsoH-
Wcnt l. subjected
Toth1sc who tetctfftt a the Act nnder The ex-
/ ttaordJnary belief thar the oplion ay between tie
passing 81 such 900 Act and leaving IL hrco the
/ common law ui ih.s which pJ0she ruth equal v
with ia',choNi and submits Inc tine aud impnsoo.
mro, u he Indefinite discretion ni the court, the
merit ul gnoj intentions ought surely D, ra-
luti. 4 Use w.rj. may prhaps hc due ioy che
ilsrouunaaucc oi DE corporal pHHlshmfFt which
tda common Jaw also leaves t. the discretion ot The
court THIS mtut 81 intention, however, would
have br. q greater. VI thc several nugHuUHS lad
u0i been limited to SO sho.a period; anal The appa-
rent Inconsistency would have been avoided, between
IoSiih4ut jar Act q, one lime. By contrasting u,th
thc fgol.s Ar tho common Inv, otherwise ln force,
aHd al another time by appealing 10 the nature Of
'uo CRISIS as requiring lhe temporary ''g'urcAcrteJ
b. me- Act
Butwhattycr may have been tbc mediatians 10.
tcntIons OF ai OF any wh, contributed ~ ihe Scjl.
t0a Act very tow reflections Wi prove tAatih
bl3gial tend ncy s !'le diminished by the privilege
If giving in evidence lhe truth OF the matter con-
tanned IN political wruugt
H. idr hrsg place, wh.lt simple aud nakci facts
alone ave In question, there sull eft difficulty ia
some cl,ry aud sul Client pagbi and ycyaion N AL,
Of meeting prosecution iom ilc Government wtih
the liI aud formal proof necessary IT. a court Of law
Bot IN the nest place i must he Obvious 20 the
pAinesl minds, thai npnpns oni differences 9ni
coucrlufal observations are not puy ~ May ca
Sos in.cpirabs from the facts, bul may often be
more he Objects Of tic prosecution than Tie facts
themselves or may even be altogether ahsuacied
from particular facts; AMI that opinions and nleten-
ces, and ennlgciuai observations, cannot be subjects
Of tlai kind ufpfoo which apperans 10 act', be-
iofe a SQUIRT oI law
Agaiu it is no less obvious that tho infant 20 do.
tame OF bring into e0aiampt or daftpair, 81 hatred,
winch i5mldt i condition 81 the offence clc.@4 hy
the Act cannot prevent ls parH'ripu5 Influence on
lIc ieedoutol the press For omltJnE the inqui-
IN how lar lbe malice Of the intent is an difference
OF lhe hw from The mere publication, Il Is inauiie T.
~ impossible qNns The iulrntto bring those who
administer llg Government into darpuie 1f CON
tempt, without STRIKING at the night Of freely dscus
sing public clnpclcBand measures because those
Who engage IN suc DISCUSSIONS must expect and ~
ttHd b. cNCtte obese uBay1urlhs s.HuNeutA, 80 TAT
as they tc thaag 10 hc deserved Ioprubhil the
intent 10 excite those uBiaYoufahle sentiments n
r4nat lho<a who administer the Gevafunsplt Il
they should at any tune deserve toe contempt 81 hA-
trcjoI the people, against beng exposed To Il by
lire auim4dygtsuns aH thcr Characters Rud con.
duct. Nor can there be doubt, # thuac W pubic
trust be shielded BY penal lawa from such structures
# lht P'c-s as may expose them TO contempt or ds-
rcputr, or hatred, where thcy may deserve Il, Tint,
IA exact proportion as they may deserve 10 be eS.
posed, wii be tho certainty aHd crimn1lily OF the
intent 10 ctpJsl them and tn vigilance u pfosecu-
ing aud punuhlng d; nor doubt that Govern
mful litas lnUencdcdi 10 penal aalulcs, 6gsiual the
past aud natural effects Of cuplbe admlnstfa-
ton. w,l easily eyadc tho responsibility wh'ch IS &C.
scnual 70 a aitblui discharge 81 lts duty
Let it bc yc0eccd, .asly lhtuc ngti Of ei,c-
tug the members of tr Government, constitutes
more particularly he eHruee ul a free and reapun-
right depend, on the knowledge ol the comparative
mefin and dement's OF thc c5Hjdatrs Tor public
uusi, aud on The equal iocdnW, consequently ~
canning amt discussing these merits ana dcpcr-
l8 VI lhc CWddltts respectively u has besn sceu
that uuWbgr of Important elections Hi.i take place
While ODE Act Is 10 lufCoi although ID should Hui be
continued beyond tie cuu to Which IT h limited
Should tUcfe happen then, a5 Is extremely probable
30 relation to some or Ulucr Of The branches a Tie
Government, TO be competitions between those
wlJ arc and those Whu are not members OF the
Government shat viii he the situutuns Of tic come
peurrs Not equal because the characters Of
lie larmef vi he covered, BY he "sediuou Act"
from 8ntn4iyeriDHs exposing them 10 darrpu'e
1HVBP iIe people whilst he latter may be- expos
Oh 10 lue contempt aud hatred Of the people, with.
uUl y,uItoHo the Act What Wi DO tie sltus-
uoa Of tie people; Not lce: because th,y wII
b. compelled 0make their election between com.
peltBfs whose preleus.0us hey arg npi permitted
~ Oh. Act equally 10 examine TO discuss, and ID
ascertain AMI llou both these situations wI Hol
'bpse n power desye an undue advantage for con-
lnaug iufnHtyra MT, which, by impaung Tie
light Of election, cndlHg,fs lhc blessings Of Tie
Government 'ounde d oH Il
1t IS gitll justice, Therefore, lfat tho General Az
ssmblY base affirmed Ia lie resolution as well liisi
the fgbi OF freely examining pabic Characters ahI
metsurc-, and VI communication iAer Oh. D. the on
y ctaclnaI gdariiau Of every olner right; a. lAal
tbls particular night Is e,ea.j at by fac power *
efcs.d 90 Tie sedton Act
SIXTH BEsgLuTIoy.
The fee0utiou Next 10 order Is al loloug:
That tins STATE having by l Convention which
ratified The Federal Constitution, expressly decar.
ed, tIat, among other essential rights, 9he liberty
81 conscience aal Of We pgc.g cannot be cancelled,
abridged restrained or modified by any authority
orthe United States and, from its extreme anxiety
TO guard these rights from eycty possible attack Of
soBA.sry and arabltau, having, with other States,
recommended an amendment tpr that purpose ajach
amendment was To due tmc, annexed 10 She Con
s,nuiiou il wuu.I maxi q Tcproacbiul Incons.sea-
cy. aud criminal jaeaaayIcR q an Indifference were
SOW Shown 20 'he most pap1blc violation Of one Of
tbs xhis thus declared apl secured, aud y ar