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

III. ~
IN opply the remedy must feel III some degree, con-
tempt or hatred against the 'ranssressng party
Az he act was passed on July IA, 1898, and 10 Ia
be in force until March - lSnl, 1t was OF course, 'ha'
dpr;no Tia continuance two elections of the entire
House of Representatives, election of part OF lie
senate. and an election Of President were to take
place. -:
tended by the Constitution to preserve The purity, VI
IN nur 70 the faults Of the administration the great re-
nal r;rhs of the people were TO be exercised, and
the responsibility of their public agents 10 DC scfccheo'
under the penalties of this act.
Nav il not be asked of every intelligent friend 10
the Liberties Of his country whether Tie power e8ef
cised in such an act this ought not produce great
and universal alarm: Whether rigid execution OF
such an act in time past would not have reprcssed
that information and communication among the people,
which is indispensable to the Just exercise OF theif
electoral rights. And whether such an act, II made
oerpetual and enforced with rigor, would not in time
r. either destroy our free system Of Government,
or prepare CONFUSION that might prove equally fatal
to il?
In answer TO such questions, it has been pleaded that
the writings and publications forbidden by the act, are
those only which are false and malicious, and intended
10 detame; and merit is claimed for the privilege al
loved TO authors to Justify, by proving the truth Of
their publications and for the limitations to which the
/ sentence Of fine and imprisonment IS subjected
To those who cnncurrcd in the act, under the extra
ordinary belief that the option lay between the passing
Of such an act and leaving in force the law
of lbels, which Furnishes truth equally with iasehood
and submits the fine and Imprisonment TO the indef-
mite discretion Of the court the merit OF good intentions
ouGht surely not TO be refused A Ike merit may
perhaps be due for the disconnuance OF the corporal
pun,siment which the law also leaves 10 the
discretion Of The court This merit of intention, how
ever, would have been greater, u the several mga-
tions had not been limited 10 short period and the
apparent inconsistency would have been avoided, be-
tween ustfyng the act ut one time, by contrasting IT
with the rigors Of the common law otherwise in force;
and at another time by appealing to the nature OF the
crisis as requiring the temporary rgor cxertcd BY the
act.
But whatever may have been the merilorious nen-
tons of all any who contributed to the Sedon Act,
very few reflections will prove, that its banefu ten
dency is little diminished by the privilege nf giving in
evidence the truth Of the matter contained E political
writings.
In the first place. where simple and naked facts alone
are in question, there is sufficient difficulty in
cases. sufficient trouble and vexaton in ALL of meeting
Il prosecution from the government, with the full and
formal proof, necessary IN Court OF law.
But, in the next place, it must be obvious 10 the
plancs minds, that opinions and differences, and
cclura observations, not only in many
parablc from the facts, but may often be the oh.
ects of the prnsec u,on than the facts themselves; or
may BE- altogether distracted from particular facts
and that opinions and infrrences and necural OBJ
servations cannot be subjects of that kind uf proof
which appertains TO facts before 4 Court Of Law.
Again Ii is less obvious that the intent to defame
or bring into contempt or disrepute or hatred, which
is made condition Of the offence created by the act
cannot prevent lis pernicons influence, IN the free
dom Of the press. For, emitting the enquiry, how far
the malice Of the intent is an inference of the law from
the mere publication: Il is manesty Impossible 10
punish the intent to bring those who administer the
government into disrepue or contempt, without srk-
ing at the right Of freely discussing public characters
and measures: because those who engage in such dis
cussons expect ana intend 10 excite these unfa
vnrabe sentiments, far they he thought to lie
deserved. 70 prohibit, therefore, the intent to excite
those unfavorable sentiments against those who admin
lister the government, is equivalent to prohibition
of the actual excitement of them; and 10 prohibit the
actual excitement of thcm s equivalent to proh,b.
ton of discussions having that tendency and effect
which, again. equivalent TO protection Of those who
administer the Government, if they should any time
deserve the contempt hatred of the people, against
being exposed it, by free anmadvcrsions their
characters and conduct Nor there be doubt, il
those in public trust be shielded by penal laws from
such structures Of the press may expose them 10
contempt dsrcpute, or hatred where they may de-
serve it, that in exact proportion as they may deserve
to be exposed, will be the certainty and crmnay o
the intent to expose them and the vigilance Of prose
cutting and furnishing it; doubt, that Govern
ment thus nrenched in penal Stainless against the lust
and natural effects Of Gull pablo administration, vii
easily cvade the responsibility, which Is essential 10
faithful discharge of lis duty.
Let it be recoeced, lastly, that the right of elcciina
the members of the government constitutes more par
tic"larly the of free and responsible govern
ment. The value and efficacy OF this right, depends
the knowledge Of The comparative merits and dcme
r,s OF The candidates for public trust and the equa
freedom, consequently, of examining and discussing
these merits and dement's of the candidates respective
ly II has been SEEM that number of important cleo
lions will take place whilst the act is in force although
it should not be continued beyond the term 10 which
is limited. Should there happen them is extremel;
probable in relation to other Of these branch
Inff Tho IN tho hnfu, t,ncT
who are and those who not members of tn,
government, what will be the situations OF the com
pctitors2 Not equal; because the characters of the
former will be covered BY the 'Sedition Act from ami
madversons exposing them TO dsrepute among the
people; whilst the latter may be exposed to the con
tempt of the. people, without violation of the act
What will be the situation of the people, Not free
because they will be compelled to make their election
between competitors whose pretensions they moi
permitted by the act equally to examine, to discuss
and to ascertain. And from both these situations will
not those in power derive undue advantage for
tinung themselves in H. which by mparing the righ
Of election, endangers the blessings of the government
founded on il?
i 1t is with Justice, therefore that the General Assem-
bly, have affirmed III the resolution, well that tho
right Of freely examining public characters and mca
surcs, and offree communication thereon, is the only
eicctual guardian Of every other right, that h.
particular right is leveled at, by the power exercised
in the "Sedltion Act"
" That this State having by IFS Convention, which
ratified the Federal Constitution, expressly declared
that among other essential rights he liberty of con
science rnd the press cannot be cancelled abridged
restrained modified by any authority of the L. s.,
and from IFS extreme anxiety 10 guard these right:
from every possible attack of sophisry and ambition
t having with other States, recommended amend
" ment for that purpose, which amendment was, ir
" due time, annexed 10 the Constitution; it would
+" mark reproachful Inconsistency, and criminal de
/" generacy, if an indifference shown 10 The
s most pal pabe violation of Of The rights thus dc
I" clared and secured; and 10 the establishment Of
" precedent, which may be fatal to The other
To place this resolution in IFS just light, it will be
cessary to to the acts Of ratification BY Virginia
which stands in the ensuing form:
eve, the delegates of the people of Virginia duly
I" elected in pursuance Of recommendation from the
/" General Assembly, and now met in Convention, hav
ing fully and freely investigated and discussed the
" proceedings of the Federal Convention and being
" prepared we'll the most mature delihera,ion hath
g enabled lis 10 decde thereon: Do. In The naInc