Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1840-11-27

would not mark an inconsistency ana ateeheIac', az
Indifference were shewn to palpabe violation oil
ono of those rights the freedom Of the press: and to
precedent therein which may be fatal TO the other, the
. free exercise of religion.
That the precedent established by the violation Of
. the former Of these rights, may, affirmed by the
resolution he fatal to the Inter- appears TO be demon
strabc BIZ comparison Of the grounds OH which they
respectively rest and from the scope OF reasoning by
which the power the former has been vIndicated
i First Both of these rights, the liberty OF con
science and of the press rest equally on the original
ground Of not being delegated BY the Constitution, and
Consequently withheld from The Government. Any
conslruct ion therefore, that would attack this rglnia
security for the one mast have the like effect on The
II other.
j Secondly They arc both equally secured By the
supplement to the Constitution being both included IN
the same amendment, made at the same time, and by
the authority Any construction or argument,
then which would turn the amendment into grant or
acknowledgment of power with respect to the press,
mipht be equally applied TO the freedom of religion.
ThirdIy If il be admitted that the extent of the
freedom of the press secured by the amendment is to
be measured by the common law on tins SUBJECT the
same authority may be resored to- for the standard
which is TO fix the extent Of the "free exercise of
Il rion' Ii cannot be necessary to say what this
standard would be whether the common law he tn.
ken solely the unwrttcn as varied by the written
law of England.
Fouythig 1.-THE words and phrases in the amend
ment are 10 be considered as chosen with studied
determinations which yields argument for power
over the press under the limitation that its freedom be
abridged, the argument results from the same
consideration, for power over the exercise ot re
aion under the limitation that its freedom be not pro-
, hibted
For if Congress may regulate the freedom of the press
provided they do not abrdgr it, because It said only
te7 shall abrdgc IT, and is not said, "tlley shall
make law respecting il: the analogy Of reasoning
is conclusive, that Congress may regulate and even
abrid. the free exercise of religion; provided they do
prohibit il because il is said only they shall not
prohibit ii; and is not SAID, they shall make no law
respecting, no law abridgiHg it,.
The General Assembly were governed by the cearest
reason then, in considering the " Scdon Act, which
egisla,rs the freedom Of the press, establishing
precedent that may be fatal 10 the liberty OF conscience
and it will be the duty Of all, in proportion they
uc the Of the latter TO take the alarm al
encroahment ON the former.
The concluding resolutions onl remain to be ex
amned They in the words following:
4 Tint the good people Of this Commonwealth, hav-
ing felt and continuing TO feel the most sincere
affection for their brethren of the other States the
trucS. anxiety for establishing and perpetuang the
: g Union Of all and the most scrupulous fidelity 10
. . that Constitution, which is the pledge OF mutual
r " friendship, and the instrument OF mutual happiness
- the General Assembly doth solemnly appeal 10 the
!" like dispositions in the other States, in confidence
# . that hey vii! concur with this Commonwealth in de-
90 carag, does hereby declare, that the acts afore
g said ne unconstitutional; and, that the necessary
Il g and roper will be taken By each, Tor
opcring with this State, in maintaining unmpaired
the authorities. rights, and liberties reserved in the
: /" Stats respectively, or to the people.
= Tint the Governor he desired TO transmit copy
" of tie foregoing resolutions to the Executive autho-
riiy Of each Of the other States, with request that
+" the zane NAV be communicated to the Legislature
. Thereof; and that copy be furnished TO each Of the
Senator's and Representatives representing tins State
1" in tie Congress of the United States
The fairness and regularity Of the course of the pro-
cccdinI here pursued have not protected II against
object ons from the too respectable 10 be
y dsrcgudcd.
II his been said that belongs to the judiciary Of the
Initei States and not tie State Legislatures, 10 de-
clare he meaning of the Federal Constitution.
= Bu.ia declarations that proceedings OF the Federal
Government are not warranted by the Constitution, IS
;, n noysy neither among the citizens nor among the
! Legislatures of the States: the citizens or Tue
r Legislature of Virginia. singular in the example Of II
Ncr can the declarations Of either, whether affirming
= or deaying the constuonay of measures Of the re-
dcra ovrrnment: whether made before or after u-
dcia decisions thereon, be deemed any point Of view,
r an assumption Of tie Office Of The Judge. The decia-
ratil1s such cases. expressions o OPINION, ui-
accompanied with any other effect than what they may
;, prodoce opinion by exciting reflection. The expo
II shs of the judiciary, on the other hand, are carried
, into immceate effect by force The former may lead
10 change the Legislative expression OF the general
q will possibly to change in the opinion OF the judi
car, the latter enorces the general will, whilst that
), will and that opinion continue unchanged
l. And if there be no improperly in declaring the I'M
cOnI ui pTOceeCnnSln TIE poNeiH-
:, menl where can be the improperly Of communlca-
ngthe declaration to other States, and inviting their
. concurrence in like declaration What Is allowable
for cac must be allowable for all and free COMMUNE
Il catitn among the States where the Constitution impo-
!, ses 10 restraint is as allowable anon. the State CO.
vernnents as among other public bodies private clt
/ zcns This consideration derives weight, that cam
- moi lie denied it., from the relation Of the State e-
- gislaures to the Federal Legislature, the immediate
, constituents of one Of It's branches.
TIa 0iclo af tfa tatP In n
originate amendments to the Constitution, by concur
. renee of twohirds Of the whole NUMBER in applica-
lions TO Congress for the purpose When new States
are tc be formed by junction of two more States or
parts IF States the Legislatures OF tue States concerned
> are ~ we'll as Congress, to in the measure
;, The States have right also 10 enter into agreements or
comp;cts, with the consent Of Congress In all such
II cases communication among them results IRON the
object which is common 10 them.
:, Ii lastly to be seen, whether the confidence ex
pressed by the resolution that the necessary md proper
MEASURES would be taken by the other States Tor CO.
;. operating with Virginia in maintaining the rights re-
served the States, the people, be in any degree
liable to the objections which have been raised aganst
If be liable objection il must he because either
a the obect or the means are objectionable.
The object being to maintain what the Constitution
has Ordained is in itself laudable object.
i The means expressed in the terms the neces-
sary ard proper measures proper object was to be
:, pursued By means both necessary and proper.
To find an objection, then, it must be shown that
: some meaning annexed TO these general terms,
which proper and, for this pupose either that
the means used by the General Assembly were an eS-
ample Of improper means, that there were proper
. means to which the terms could refer
4 In the example given by the State, of declaring the
;, Alien and Scdon acts to be unconstitutional, and OF
. communicating the declaration to the other States, no
). trace Of improper has appeared And if the
other States had concnrred in making like declare
,ion supported too by the applications flow
ing Immediately from the people, it can scarcely be
, doubted that these simple would have been as
> sufficient, as they unexceponable.
= 1t IS no less certain that other means ght have
heen employed which strictly within the limits of
the Constitution. The Legislatures of the States might
We made direct representation to Congress, with
= view 10 obtain n resembling of the Two offensive acts;
or they might have represented TO their respective Sc
majors in Congress- their ws that twohirds thereof