Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1839-03-26

tbs t could not Le Injected ison any "i ale AfeTs
grants Of power. But III" Constitution IS nov S"' v'
the subject Before adoption ~ the states, %"s
be- the JEALOUS patriots .; t!t da:; u"' S &c
deral Government might usurp the otr!iss e' ~" Ft"
pe by attacking the liberty OF speech ahu 81 ''F pre-
They therefore insisted upon l't se''o,' o' =" "p
nrovision as Bmendmen', which III all 'le i" c0h
m,rid mr., yent Ccnsress rom interfering win '!f-r VI
es,imable rights The amendment u when nave '''
ten referred adopted and these were 'S@es'9
executed from the powers Of The tr'' ial H"' 'nirh,
And vet in thu yrry face 81 lhis express n' ave u! r.
nnw,.r W. find the Senator tfc h"n'-GKy c"'nHS
forward with his bill, declaring direct "ar against any
exercise of the freedom u! speech and "i Ia" pres" u!
those citizens Of the SiGes VII" h"i" ii I" ." "i1e'''"'
srs under the General Guvfr"irn'
Bu, saws the Senate! from Virginia, Congress pos.
:ess and have exercised the unique s"nahIe p""' "'
creaiing Office. u:ier the Constitution; emu my may
therefore annex To the holding O. III; "l;ctS S"ch
condition as that ,scrbcd by HE b.!l, or rather '
! amendment oil the Senator from Kentucky. No', SH'
:. hat is Ihis but TO sag that Sn;4i'ss Ia: aeci.ie MAJ
any czrn Of PrnnSy lvam'a wi!" acc';'S fehfra'
Office shall take II upon !'' "o'nioh wa! II ''@,i t
forfeited the moment be exercises Ia" dearest f"Iihca'
rich, ruarartepd 10 hm aud other citizen by Inc
CONSTITUTION Of the u Stairs. tan Congress uni's'
any such condition upon an "fi't; u l:ey can 'E
car repeal the most s'r:n provision OF '!r S"i'S"'"
ion ard render it dead letter ~ regard 10 ever. per-
son IN the employ uent OF The Gunerai Government Al
mankind may then sPeak and r""'i*h "hh ihy r'''t'
xcep, those individuals who been selected r"Tc
6puerdig, Tor lNclr integrity w va
! i;nnrrlan public trusts OF It's" country.
The Senator from Kentucky hes adaucfd scveFSi pr
redenls TO prove that SlTaf f""ers Ha'r b"th "e""S
exercised hy Congress IN other cases Let Is x'tn'Er
,hem Tor moment. Congress, says hr, has declare"
that an Indian agent no siial himself trade vain ir !n'
dams shall he punished for tGs act. BuI Why: u Is
because this agent vested "h The power OF gfhHhs
To orr ciltZsEs icrsr I" lrade wIi'I TIE Indians "'
! thus TO take that iry shall not he imposed Upon
and CHEATED To allow htm, therefore, TO trade wan
Them himself, would be To make h'n a luGgr ~ las
own cause and 10 Withdraw from i!em HAT Pr"'rc'"h
which the law intended Besides Congress have rcceV'
ed from the States. by The Constitution, the power 10
regulate comursrce with the Indians me whole SUD
ect is thus placed Under Their control what 'neh,
his precedent wurlh' Is no The tiadng OF an Indian
agent H,h the Indians express aid papable VOCATION
ui n duty necessarily Involved III hls UthCc: Ian any
thing br clearer than The pu"er and the duly OF Con-
Jress punish him for this offence: Bhl what inter-
ference there be between The performance oi TIE
duties required by law from postmaster, or from any
other OF the prescribed officers, and his expression "i an
"pniun his uea hb1r, either Tor Or agamsl any caul
cate for pubic "lCe: II HE postmaster tor example,
performs his mole official duty II he receives ana cen
vrrs The -ers entrusted 10 his care and regularly sci
ties his accounts th the Departure H. what human pow
arbitrarily place gag IN ms mouth, ana G'c!d'e
he sa Ge punished Ur e&tfcIsirg Inc iiseuom VI
speech ana at the PRESS, upon The pei,xl that lie e%-
o these rights ii freeman are inconsistent WIN
Ia. dulirs ut his o!ict; You might just as we'll punish
HIM or deprive hlm ST his otiice Tor speaking or writing
on natuia phnsuihy mathematics, any other sci.
Ell lie subject. on would have he same power |"
v!Da;r that clause the Constitution c"n!efrng upon
every the free exercise .! religion, nnH PUNISH H
Tor expIcssng his oliGou on religious sulJtIs, f al
tending pray meetings. or bible scceiivs rr ivF rd'a'
yong 10 persuade dssUadc any member OF HE I"Ii
uIous sGcn.y to Which, he belongs III relation 10 Inc
c""ice Of It's pastor The prnciP.e IS Ptec'S'F The
same in both Gases Your Whole power hath this extent,
no nor. Yuu PUNISH the officer for negisciIng Or
Tor Violating the tules whic appropriately belong to
his office. You Cannot repeal the CoLs'Ii"!io" ny H%'
clarIg To- be an official duty that he s!"i ABANDON The
constitutional right oil spsa.Ing his thoughts upon any
subject Whatsoever, whether religious, nii!c, or pp
Ilicul. In other woidS, you have n" night TO declare
that he shall become slave when he JrLots IN GINGER
a similar answer II were necessary might bt given
lo the Senator's other pIec.dtntS Oiic's Z" Tie Gus
TONS are prohibited from OwIrg any vessel or cargo
under pecuuiafy pema!ty. Ana why: because l!ty
lht !seives drrc, and supeTrrnd the entry oi
vessels aud cargoes belonging /" other perS"Gs aaG he
cole Cun Of duties; ana To allow ih' III To transact 'his
business tor themselves, would be TO make them JUDGES
in their own 1t would be an evident vioaII"n "i
the duty naturally attached I" lhe Office But vii! any
one conenG that their constitutional free dom Ui speech,
in regard 10 Candidates for office, Incompatible with
III" proper entry unloading OF vessels engaged either
| III foreign conimt Or The cuastng trade
So The register Of land Office Is prohibited from en-.
terug lands IN his own hanc VI IN uiier "oIGs; from
selling lands 10 himself.
Such are the pfrcedtnis which the Srnalur has cited
to Justify himself in Gtprivng the officers embraced III
this bill oil the rtshl o! freedom Z! speech amd .! In"
pres.
Bu DO not mean even 10 iest the cYnstl uo;!a qu,
ton here. From the very nature OF the Constitution IL
self Two great political PARTIES must ever exist IN tis
country. Yen may call them by VIVA, names you Will,
ID, piincipe mus continue 10 be- Tie Tie
o:e GeuuInI Federal power, viii ever BE- friendly 10
strict construction Ui The powers dri'galcd TO the
Federal Government dGd 10 State rights ] hr other,
equally GIcaGIng Federal weakness. viii ever aGvo.
. such Liberal Construction Of the Constitution
I'll confer upon the General Government a. much
| puS.lLe, with Tree lIIteTprgta
l!Ou of lie terms oil The instrument. he one pnfly
IL alarmed at Tie danger OF constellation; the olhcr
al that o GIsunon. la The days 81 the elder Adams,
the party ITnGy 10 IUt raj construction OF the Con
sluil"n 90, power. Aud = hat Gid they Dc: Among
ohrf things the very face Of that clause vi the Con
s:uii"n which prohibits Congress from passing any law
aaId.ng the freedom OF speech or IT Tie press, lhy
passed the ScG!iIou Law. What were It's provisions: II
punished idlsc scandaGus, and malicious ia'sehoUds
against The GoverDin- nj oil the U. > either House vi
Congress. tle President by fTe rot exceeding wO
thousand dVaTs and Imprisonment not exceeding two
years.
a, The present day, it would be useless to The
lilc vi The Scnuie proving HAT this Law viola.
lion OF the Constitution. It GdnIllt that Con-
gTCss, pfssg il, had ttaDscenc, thtlr iu@ers II
any principle las been established be UBd cvnbt by
the amos! unanimous opinion OF the people Oi the l
States II is Nat the Sedl!un Law unconstluiIcna!
Such Is The strong and universal feeling against H. that
1t II could lie revived the authors would probably
similar iae wIh those Ge!uGed aid desperate
IN France who have themselves lately Ihen VIC
Inns upon the altar which they had determined
! 10 sacrifice the hb,rty Of line press
he p"puat od!U,I which followed this law was not
much excited BY lis particular provisions, by the
fact, That any law upon the subject violation U:
the Constitution, and would establish precedent Tor
giving such conruciiou 10 would swallow up the
rights Of the S!ales aud ri their people in the gulf OF
! + dcra power.
Tie Constitution had declared that "Consrcss shall
pass no law abfdIIny the IIredJm of speech OF The
press lis trainers we'll knew that, untcr the laws VI
each IT The Slaes composing This unIon llbe's were
punishable. They therefore, left the character u! a.!
officers created under the Constitution aud laws Of HE
UnIrd States II be protected by the laws OF the sever
al States. They were afraid 10 give this Government
any authority The subject Of hbels lest lis colossal
power might be- we!dtd against the liberty Ct Tie press.
Congrtss were. therefore, prohibited lrom passing any
| lag tIp Thor uDn1r had uaa