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

f.. ... ..tI .-H Cf ta ttstiItlfrHf.
ig,c t, ile mos, satisfactory aud auh,ut.,
proof ,lH iig several amendments proposed wtr,
t1 Dee considered as cjarr dec,aIltun ~ rcsgJc
tive, aad whr.Ue. do one or the other. Us CORES
Hoad.Hg With de desire expressed by a number O.
me states, aud as extending tie ground of paa
Joe confidence b. Dee Governments
Under H1v other construction ct the amend
mca'te.4aaa tolHe press, ,han that il declare,
'ae pf,ss % he wholly cNemp, lIom the power o.
tougrg,s, 'ae amendment could neither be- SAY,
60 correspond VITA ,hc desire expressed hy ,
number OF States, nor bc calculated to extend 10,
ground O. public confidence Ia tic Government,
Nay sure tde construction employed to ius
OF, Zoe " NsjHon Act" would exhibit q phe.
nHmrnan without parallel in the political world
i,"ou,d exhibit number Of respectable States
As dcu,ng Gr,t, that any power over the press
was delegated by he Constitution; a. proposing
next that au amendment 10 it should cNpIcuy
declare lUa, 10 such power was delegated and,
finally as coucuujnn in an amendment actual,
recognising 90 dclegaurg such poucr
Is ihcu, the Federal Government, IT viii be
asked, destitute Of every authority ,or restraining
ihe Righteousness 81 The prrss, and for shlcl lur
itself against tho h5c.lous attacks which may be
made oG those who admm.stcrt
The Constitution alone can answer thus qucs.
ton. iruo such power be expressly delegated,
and &c tl ha not both acces'ay and proper 10 car
~ into execution ar express power; above all, "
20 Be- expressly forbidden, by a declauJory amend.
men, 10 the Constitution, the answer must be,
that the Federal Government Is destitute Of all
such authority.
Aud, might l,uoi be asked, 10 turn, whether it
is no, ruorc probable, under an the circumstances
which hayc lgon reviewed that tho authority
should be Withheld by the Constitution, than tia,
Il should he alt to vague aud ylolon, cou,luc.
ton, whilst 50 much pam. were bestowed N emu
memtug ouorpowers, and So many less mpor
,au powers are included ia the enumeration
Might no, be likewise asked, whether the
anxious cIcumspcchon which dictated SO many
pccuia, limitations on tho general authority
would bo unlikely TO exempt the press altogether
from that authority The peculiar magnitude Of
some ol tao powers necessarily committed 10 the
cdcfal Governments the peculiar duauou re-
CURED lur thc functions OF some Of rs depart.
mcuts; bc peculiar distance Of The seat Of It's
proceedings iIom Tie great body OF It's consuln.
.uls aud the peculiar difficulty OF circulating
40 adequate knowledge Of them through any 9th
'r channel vnol these considerations some ~
other OF which produced other exceptions from
he powers Of ordinary Governments. altogether,
Iccoun,tor the policy OF btndNg tie hand 81 Tic
f,dcro Government from touching Nv channel
which alone can give efficacy to us responsibility
to It's constituents, and OF leaving those who adj.
minister remedy, fJr thor injured regulations,
under Tue same law, and 10 the same tribunals
wbch protect their lives, thot liberties, ard Then
properties Z
But the question docs not mrn either oh tho
wisdom OF the Constitution, or on tho policy
which gaze rl,o to ITS particular organization. It
iums ON the actual meaning Of the instrument,
by winch # has appeared Cat power over ho
press u clearly excluded lton the number 81
p0Wcta delegated to tho Federal Government,
Ill. And, m the OPINION Of the Committee,
well may It Js SAID, as the Resolution conclude,
with sayIua that the unconstitutional power cx-
ercisod over tho press by the Sed,ton Act"
ought "morc than any other to produce unyer-
sal ,aarm because It is ioyelied against that
rghI OF freely examining pubic characters and
measures, aud 81 free communication among the
people, thereon, which has ever been Justly deem.
ed ibo only ehce'uaI guardian Of every other
nghL"
Without aoraIuang infinitely INTO oil the rJo
visions OF lac "Scduon Act It viii he sUlll
-lu. 10 cate 30 much OF section 2, as follows
- And be tulAof cuaclld, that, IT any poison
shall wtte. puai utter or publish, Or shall cause
Or plocufe to 10 written, printed, utolod OF pub
lshed, o. shall knowingly aud willingly assist u
aid 10 whiting, printing, uterng, o. publishing,
any false, scandoIous, and malicious whiting or
Writings, against the Government Of toe l.. slulcs,
ut other House u the Congress Of the /. States,
&c II an intent 10 deiane Hte soId Government o.,
saha House Of NE Cougress, or The PuHdeni.
VI 10 bring hem, or rlthG q them, into con-
tempt or drsrepws or 10 crciic against Uem,
" erlbcrog aay Of than, the hobed Of The go0d
people u the Lmted Siqt0, 90. Then such
peaaa, bang thereof coarisied bsfore atI
Count u fhs United States kaUmo jm15dlcii1a
thenot, sbaibe punished By a fine not ezcsed.
ing ttro howanm dollars, and By imprisonment
mol erceedmg hso years.
On,h. laa Of tho Act the following ojsef,a.
ilgus ptc.ca, themselves
]. lhe Constitution supp1ses that tho Prcsldeal.
the Coagres,, and each Of It's Houses may u5t dls-
charge tHo.f trusts, either from defect 81 judgment
or DINER causes. Hence, they are a0I made r,spaB.
-i9Ie 10 haif constituents al iic returning periods Of
eciJH, aA4 the President vino singy uirusled
w'l very great powers, Is as urthsr guard sub
lecle3 90 au intern date Impeachment
,. Should q happea, as Gee Constitution supposcs
Itmay appeu, taat c,dIer u these branches Of tie
Government may moi iagc duly discharged its trust,
Is b natural aaJ proper tbai, according % the cause
and degree o lleir faults they should be 5rougH,
into contempt OF dsrcplle, and incur tue hated of
Tie people
3. Whether ii has IN any case happened bat the
Of either 90 al Of !hDae branches efin-
ces slcH violation 81 dutya 70 iuF'iy contempt,
a dsppate or hatred, among Tie people can Only
be determined By lrce examination thereof aad
Jcc communication among toe people teteJn.
T. Whenever Il may have actually happened that
Of this sort are chargcsoe 90 OIL or e.
Tier ol the branches Of the Government, il s the