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

The hatred of the people against The authors oil ulus
or perncious measures been niiiormy enforced aaas
mn. urcss miuh, no, thu l. 5 have been langusng q
bs day under the intiriniiics of sicky considerations
Might they not possibly be miserable colonies, groannG
under foreign yoke: 49, -, 49,,
..Totbcs, observations, one fact will be added, whci
demonstrates that the common law cannot DC "u''.
nc the uurersai exposilor of American terms, "hicl
,, u. the same with those contained in that law
Tho freedom of conscience, and OF religion, are oune
in the same instruments, which assert The freedom
the press Ii will never be admitted that lhc iheah'n
of the former, the common law oil England, Is 10 IL
nit their meaning in the y .
Svh,,eyer vnierbt NAV be allowed 10 these consdera
tons the committee do not, however, by any mean:
intend TO rest the question on them lhcy cohen'
that tho article of amendment instead OF suPposng ~
CONGRESS n power that night be exercised over the
press, provided its freedom was not abridged Wa
meant as positive uehai W So"S'''' VI o'- f
whatever on the subject.
To demonstrate that this was the true object OF the
article il will be sufficient to recall the circumstances
which led 10 it, and 10 refer TO the explanation accom-
panyng the article. A.. ,:......;,,,
which preceded its ratification, it is well known, that
ureat apprchsnsons expressed by many, les, the
omission of some positive exception from the powers
DELEGATED. OF certain rights, and of the freedom Of
the press particularly, might expose them to the DAN
uer of being drawn BY construction within some OF
The movers vested in Congress; more especially OF
the power 10 make all laws necessary and proper
for carving their other powers INTO execution. in
reply 10 this objection, 1t was invariably urged 10 De
fundamental and characteristic principle oil the Cons,i-
tuition that all powers not given by were reserved
that no powers were given beyond those enumerated
in the Constitution, and such fairly incident
to them that the power the rights in question: ana
particula the press, was neither among e emu
ra,od movers nor incident to any Of them and con-
seauently that exercise OF any such power, would
he 4 manifest usurpation. II IS painful TO remark,
hou, ,ouch he ARGUMENTS employed IN bchilf oil
the Sedition Act at variance with the reasoning
which then justified the Constitution, and invited It's
ratification
From this posture of the subject, resulted the inter-
es,inr question in so many of the Conventions, whc-
Their the doubts and dangers ascrlbed to the Consiu-
tion should be removed by any amendments previous
10 the ratification, or be postponed, III confidence thai
as far they might be proper they would oe
in the form provided by the Constitution The latter
course was adopted and most Of the Sotes the ati-
fca,ions were followed by propositions and instructions
for rendering the Constitution more explicit and more
safe 10 the rights not meant to he delegated hy IT,
Among those rights the freedom Of the press IN most
instances, particularly and emphacally mentioned
The iirm and very pointed manner IN which II IS as
serted the proceedings OF The Convention OF TINS
State, Will be hereafter seen
In pursuance of the wishes thus expressed, TN
first Congress that assembled under the Constitution
proposed certain amendments which have since, BY the
necessary ratifcations, been made part of it, among
which amendments, is the article containing, anon!
other prohibit the Congress, express decara
ton that they should make no law abridgi the free
dom Of the press.
Without tracing farther the evidence this sube
il would scarcely possible to doubt, that no p"we
whatever over the press, supposed to be delegated
bv the Constitutions il originally stood; and that tho
amendment was intended positive and absolute re
servation of il.
But the evidence is still stronger. The proposition
Of amendments made BY Congress- is introduced IN thu
r oT .Igp, ~ fh
States h0riag at tie time IF Their adopting The COasif
tution expressed desire, IN order 10 prefsm miScoa
siruc,ionS abuse porcrs Mafnrhcr decfarator,
md resrcre clauses sh0ud be aded md as rJtcndine
The ground ofpubc confidence in the Gorarnment, cii
best ensure the bcnefeent ends ofts Institutions
Here is the most satisfactory and authentic proof
that the several amendments proposed were 10 be con
sdered either decaratoy restrictive; and whether
the one the other, corresponding with the desire
expressed by number Of the States, and as extending
the ground Of public confidence in the Government.
Under any other construction of the amendment re
lang to the press than that il declared the press 10 be
wholly exempt from the power of Congress- the amend
ment could neither be said to correspond with the de
sire expressed bv number Of the States, he cacu
lated TO extend the ground of public confidence i'll tht
Government
Nav, more; the construction employed to Justify the
sSedton Act, would exhibit phenomenon, wilhon
parallel in the political world 1t would exhibit
number of respectable States, denying first TINT
power over the press delegated BY the Constitution
as proposing next. that amendment TO It, should ex
plicly declare that snch power was delegated; ant
finally, concurring in an amendment actually recog
nzing delegatlng such power.
Is then the Federal Government, it will be asked
destitute oevery authority for restraining the cenlous
ness of the press, and for shielding itself against The Il
bellous attacks which may be made on those who ad
minister it,
The Constitution alone answer this question. ]
no such power be expressly delegated and il be no
both necessary and proper 10 carry into execution al
express power above all lift be expressly forbidden by
declaralory amendment to the Constitution the an
swer must be- that the Federal Government is destitute
Of all such authority.
And might it not be asked in turn, whether it is no
more probable under all The circumstances which have
been reviewed, that the authority should be withheld
by the Constitution than that It should be lett to
vague and violent constructions whilst so much pains
were bestowed in enumerating other powers, and 81
many less important powers are included III the emu
! meration?
Might il not be likewise asked, whether the anxious
circumspection which dictated many peculinr lilni
tatons the general authority, would be unlikely Il
exempt the press altogether from that authority The
peculiar gnitudc of If the powers necessarily
committed TO the Federal Governments the peculia
duration required for the functions Of some of its de
partmens; the peculiar distance of the seat OF ITS pro
cecdings from the great body ut It's constituents ant
the peculiar difficulty of circulating an adequate
~
these considerations. some or other Of which producet
other exceptions onl tho powers Of ordinary Govern
ments, all together account for the policy of blndn.
the hand of the Federal Government, from touching TIN
channel which alone can give efficacy to its response
bility to its constituents and Of leaving those who nd
minister il, 10 4 remedy for their injured regulations
under The laws and in the same tribunals, which
protect their lives, their liberes and their properties
But the question does not turn either on the wisdom
Of the Constitution the policy which gave rise
its particular organization. II turns on the acua
meaning of the instrument: by which ii has appeared
that power the press is clearly excluded; from
the number Of powers delegated to the Federal Go
vernmcnt
> And in the opinion of the Committee, we'll may j
be sad the resolution concludes with saying tina
the unconstitutional power exercised over the press b,
the "Sedition Act, ought ''more than any other, t'
produce universal alarm because it is leveed agans
" that right of freely examining public characters ane
" measures, and of free communication among the PEG
"pe thereon, which has been justly deemed the
" only efsectna guardian of every other right"
Without scru,inzing infinitely into all the provisions
Of the "Scdi,ion Act it will be sufficient to cite s,