The spirit of the age. [volume] (Woodstock, Vt.) 1840-1844, 1841-01-08

Jects Of legislation, that power over a very few
would carry with it il power over all. And it mu,
be wholly immalerial, whether unlimited power
be exercised under the name of unlimited power.
or be exercised under the name of unlimited mean
Of carrying into execution limited powers.
This branch of The subject will be closed with
reflection which must have weight with ALL bu
more especially with those who place peculiar re
lance ON the Judicial exposition Of the Constitution
as the bnlwark provided against undue extension
of the Legislative power. Fit be understood thu
the powers implied in the specified powers hay'
an immediate and appropriate relation 10 them, II
means, necessary and proper iorcarrying them IN,
execution, questions on the consutioraily of law
passed for this purpose, will he Of II nature SUI
| iicicntly precise and deerminatc for judicial cor
ni2ancc and control if, on the other hand, Con
grcSs arc not limited in the choice of means by an,
such appropriate relation of them to the specified
powers; but may employ all such means us they
may deem fitted TO prCrcai, ms well as 10 pWaisd,
! crimes subjected TO their authority; such as may
have ieHdCRCy only To promote IN object for
which they are authorised to provide; every one
must perceive, that questions relating to means of
this sort must be questions Ct mere policy and ca
pcdlency; on which, legislative discretion alone
can decide, and from which the Judicial intcrposi-
ton and control are completely excluded.
2, The next point which the resolution requires
TO be proved, is, that the power over the press en-
erCiscd by the Scdilion Net, is positively forbidden
by one Of the amendments to the Constitution.
The amendment stands in these words" Com
gresS shall make no law respecting an establish
mcnt Of religion, or prohibiting the free exercise
thereof, or Gbr8giag Hc frcci0m Of syCcch or Of
The press; or the right Of the people pcaccahy to
assemble, and TO petition the Government for re-
dress Of grievances
In the attempts 70 ,inGicatc the 'Scdilion Act
has hccn couicudcd, |. That the "i'ccdom Of
the press" i, to be determined by the meaning of
these terms in the common law ,. That the ar
iIc'e supposcs the power over the press 10 be in
Congress, and prohibits them only from oJri3Giag
the freedom allowed to it by the common law
Although it will b. Shcwn, in cNamiun. the
second Of these positions, that the amendment is
denial 10 Congress of all power over the press il
mly not LIE useless TO make The following ohscr,u-
lions on the first of lhcm
II is deemed TO be Il sound opinion, that the Sc
dion Act, in It's d,Imon Of some of the crimes
created, is IN alrdgmrn Of the freedom Of puh-
cation, recognized by principles oIthe common law
in England.
The freedom Of the press under the common law,
is. IN the decnccs Of the Sedion Act, made 10
consist in an exemption from NIL prcrous restraint
on printed publications., by persons authorised 10
inspect aud prohibit them, ilappcars TO the Com
niIcr, that this idea Of the freedom Of the press,
can never be admitted to be the American idea of
if. since = law inicrinr pcuul,ics ON priucd nuh-
lirotious wou'I have n Similar c,lcct with II L,v
Il prc, ion. restraint on them. nwoud
srcni nr0rLrry TO saw. that no law should h, pn4s
ed. preventing publications from heinz made, bat
that laws might be passed for Furnishing them in
case they should bc made.
The essential difference between the British Gov
eminent and the American Constitutions will place
this subject in the cIeurcs, light.
III the British Government. the danger Of en-
on the rights of the People, is UNDER
stood to be confined 10 the Executive Magistrate
The representatives of the People in the icgi.n-
turc are moi only exempt themselves, from d!slrusi
hut are considered rs sufficient guardians Of the
rights Of their constituents against the danger from
the Executive. Hence ii is a principles that the
Parliament is unlimited in lis power or, in their
own language, is onnipoenl. Hence too, all the
for protecting the rights Of the People,
such as their Magma Cmrta, their Bin of Rights,
&C., arc not reared against the Parliament. but
against the royal prcrcgalivc They are merely
legislative precautions, ngtins, Executive usurpl-
tons. Under such Government ~ this, an cx-
cmpion Of the press from previous restraint by
licenscrs appointed by the King, is all the freedom
that can he secured 10 it.
In the L s.. the case is altogether different
The people not the Government, possess the absO-
Iutc soycrcigny The Legislature, 10 less than
the Executive, is under limitations Of power. En-
croachmcns are regarded as passibIe from the one,
ms well as from the other. Hence in the |. $, the
great and essential rights of the people are secured.
against Legislative as well AS against Executive
ambition. They are secured not by laws para
mount to prcrogativc, but hy Constitutions para
mount 10 laws. This security of the freedom of
The press rpouircs that it should be exempt, not
only from previous restraint by the Executive, us
in Great Britain; but from Legislative restraint al
50; and this exemption, to he chccual, mnsI be AN
exemption. not oniy from w" previous Inspection
u l'ccnscr' but, rom The subsequent penalty oil the
laws
The state OF the press, therefore, under The COM
mon law, cannot IN iht point oil view, be lie SIAN
hard OF lis freedom IN the -.
hut there Is another view, under "hich II may
ne necessary 10 consider tins subject. II may he
illeged that although Tie security Tor me freedom
lf the press, be different ~ Great bflnln ana IN
his country; beng legal security only IN The
orlnrr. ana constitutional security IN me iH'lrr;
lnd although mere may be l.rlher difference, IN