The spirit of the age. [volume] (Woodstock, Vt.) 1840-1844, 1841-01-08
VOL. I. NO. sc.

| ~ with ialSchOOd and submits the fine and im-
plsonncnt TO the indefinite discretion of the court
the merit Of good intentions ought surely not to be
refused. like merit may perhaps be due for the
dIsconllnuancc of the corporal punishment, which
the common law also leaves to the discretion of the
court. This merit of Intention, however, would
have been greater, fihe several miligutcns had
not been limited TO so short period and the ap-
parent Inconsistency would have been avoided, be-
tween justify ing the act at one time by contrasting
II with the rg0rs Of the common law otherwise in
lorcc and Il; another Time by appealing to the
luIc Of The crisis, as requiring the temporary rigOr
cNcrcd by the act.
But. whatever muy have been the meritorious
Intentions Of all or gny who contributed to the Sc
dl''on Act, a very few reflections will prove, that
iis hnnciU tendency is little diminished by the priv
IIegc Of giving in c>idcrcc the truth of the matter
contained IN political writings
In the first place, where simple and naked facts
alone are in question, there is sufficient difficulty in
some cases, sufficient trouble and vcxation in ALL
OF meeting Il prosecution from The government with
The full and formal proof, necessary in Court Of
uw.
Fnt IN he rryt place il must he Obvious to the
p'aincst minds, thai orinons and differences, and
cOIlccturaI observations, are not only in many ca
SOS in.CprlnhIc from the facts, but may often be
more the objects Of The prosecution than the facts
themselves or rlay oven he altogether distracted
from particular facts and that opinions and infer
euccs and ccuiccturaI observations, cannot be sub
jcc's OF that Lind Of proof whichappcrIans to facts
before Court cf Law.
Again 1t Il no less ol,ious that TIC intent 10
dcIane or bring into contempt or d@rcpuc, or ha-
tired, which i, made condition Of The offence Gre
atcd by The act. cannot prevent is rcriciors nnu-
cncc, on the freedom of the press. Tor, emitting
la ln, rf thn i,tn -,
Inference of The law from the mere publication it
i nani'cslly Impossible to punish the intent 10
bring the % who administer iie goycrrncnt into
drcpu, Hr contempt, without striking at The right
Of freely discussing public chnruc'cis and measures:
because these who cr"'Cc in such discussions, must
expect aud : '.p' "a "y,Nc''csc uutiyOrnblc sent
mor's, so Gar ga they ma, lie thought TO be dcscyv-
ed, 10 prohibit, therefore. the intent to excite
those ulfly0crl'e sentiments against lhosn who ad-
cui.cr the government, j. o2u,y,,-rt 10 Il prchi-
Billion Of the actual cyr.c"oUt Of them and TO
woA't :No cc'.al crci'ciurut Of them, is cqUha-
'.u' % p.oa.' i'iNn nfds7r IONS having that len-
d.ucy md eject; which, again, is equivalent to
prol2 i.oN cflh1sa who ad,ia '.r lhc government,
Il HEY ,houd At any time 'Ac contempt or
hr'rci oi 'n people, rrr.' lcior exposed 10 it.,
due'. "orca Nc.c to L ,l', il .ho.c in public
trust b. shielded by penal Inv from such structures
If lAo press. as r"y cyrc.a i'ru to contempt or
drrcprio, or ht,c1, whore they nay deserve it,
that il r,a.' proportion as t''y Nay dr.erIc to be
o"po ed, will - the certainty aud ',ialinality Of
the intent 10 expose ihCm and the vigilance Of pros
crulmg and puui.hing il nor doubt, that Gov
c.nmrnl ,hrs iu;rcuch.d in penal statutes, against
VIC i''' "nu h",Nr"I 'n'ctN III Il GU pune ouhinS-
ration WIN easily rNnuc thr re'lon,uIIl'y, winch
Is essential 10 " 'Mllhlul discharge OF ~ d"'y'
Ley II be T','Hc''',, lU''y' 'int Tie rlght oil
ce''mg rm'mh'rS oI,he government constitutes
more i"''c"'"ty we essence u It'" a"o 'ecpGn-
'i'.' gnN'fhW'"I ne Nlu' an" .mrocI OIL MS
ll@W' Hcr'hdt On hG N"oW,''s' 81 ,ne 'o"'Para-
I'VE "cfl'' ara "'hefi'' OF ,h' r'"''l'eS Tor pun
W. lf"H qua on I'VE "HNuI ir'G"n'ii, consequently
o' examining anh discussing 'hcsc merl'' ana de-
merits OF The ca"dldajr' re'pftNey' mas Decn
seen, That nHml cr OF important elections wili
take pace Whist The nrl Is III force a!lhongh It
should not be continued hclord the term To When
II l. limited. should mere happen men, as Is en-
lHmcly probable ~ relation 10 some or Other OF
these branches ct l'r government, to the compete
lions between Hose Nho are, aud llo'c who are
not lGcnb'rs 81 lie government, what VIII be the
situations of the competitors! Not equal be-
ri"sc til" characters Of 'c former viii be covered
by The "S'd"on Net From nnnad>er''ons expos
lns them 10 di>rrpulr among The people; whilst
'le t'lcr lNN h' 'Np'''u w NV c"h'tl'pl VI "no
peop'c, wrhort violation Of the act, What will
be the situation oT The p'opIc' no, free be-
'aos' ih'y will be compelled to make their elect
ION between competitions whose prc'cnslohS they
ire rot permitted by The act, equally 10 examine,
= III r"''' "nH 10 r'''I! Al" ron po'" .'fse
'n""''"'' YIN 10, 'hr'p ~ pu"'L",'n' "n unuu s
'"'""'as. ''f ,oh'."n'g W '','NcS ~ Nhlsn
'i 'trnf's I've f'sn '' e'rruon' cn"anscrs INC
r,'.s' "l 'h' goN''ti,'c"' "o'o, " w f."
II y WIN J"''M'' 'nrrci,'c' oa' ''e GENERA,
fs,'hh'y nave a."''n'" III NE f''''Itio"' Us wen
VA, ''' ''%'t '' "'''H 'N""''nS pun 'c '",'uc'eIs
ma measures, ana "' nee ''"'l 'h''''on 'icr'"n'
: iin onH e"'rt"", s"atThu g, ever! o'ncr iIa''
Is 'r"' ms P"t'r".Ir i'a"' ! r',N'" "'' " mo
''Nsf exercised VI INC '''o'lon A't.
In, lI t,,H."'lnn h'N' ~ our u, q, ''oMs 49,,
n,t '",S ','l'r nH'1s y, Us
"'"'," NV '''',H' ,".s,,'u,'on' ue."
q" "t'' "''o"; o'i' 'Sse''''' ''s''S "' VI
''u ~ W.. i; .'i'' ",
r'"t,"' ''','''',',u W ""''
! wv "'" '''.., ~ ;,i, ~ W
''I' n'',' i;,, a.,". $780,, -!
W." ,'i'''''.'' ".,"5 c,r ,t', ,,,,,,,', ,,L;,L
'.,., ,,' ;,inn ,;,',o .,lo"iI a., ,ho Con-
LII - r i,,..o