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

Convention of the State, that they ratified the Con
stltu,ion in the sense, that no right of any dcnom
nation can be cancelled, abridged, restrained OF
modified by the government of the u. $. or any
part of it; except in those instances in which pow
or is given by the Constitution and in the sense par
tcularly, 'lhat among other essential rights, the
liberty of conscience and freedom of the press can.
not be cancelled, abridged restrained or modified
by any authority oftbe u. So
Words could not well express in fuller or more
forciblo manner, the understanding of the Conven.
ton, that the liberty of conscience and the freedom
OF the press, were equally and compleicIy cyemp-
ted from all authorits whatever Of the U. S.
Under an anxiety to guard more ellectually these
rights against every possible danger, the Conven-
ton, after ratiying the Constitution, proceeded 10
prefix to certain amendments proposed by them, Il
declaration ofrights, in which are two articles pro-
vlding the one for the liberty of conscience the
other for the freedom Of speech and of the press
Similar recommendations having proceeded from
number Of other States, and Congress, has
been seen, having in consequence thereof and with
view to extend the ground of public cotdence,
proposed, among other declaraory and restrictive
clauses, clause expressly securing the liberty OF
conscience and of the press and Virginia having
concurred in the notifications which made them Il
part of the Constitution, it will remain with a can
did public to decide, whether it would not make an
inconsistency and degcncracy, if an Indifference
were now shown to a palpohle violation OF one OF
those rights, the freedom of the press sand to pre-
ceden therein, which may be fatal TO the other, the
free exercise of religon.
That the precedent established by the violation
of the former Of these rights, may is affirmed by
the resolution, be fatal to the latter, appears to be
demonstrable, by comparison of the grounds on
which they respectively rest and from the scope
b, l,cl,t la tl,,
has been indicated.
First, Both of these rights, the liberty of con-
science and of the press, rest equally on the orig
nal ground of not being delegated by the Consu-
ton, and consequently withheld from the Govern
ment. Any construction, therefore, that would
attack this original security for the one, must have
the like effect on the other.
Secondly. They are both equally secured by
the supplement to the Constitution; being both in
cluded in the same amendment, made at the same
time, and by the same authority. Any construc-
ton or argument, then, which would turn the
amendment. into grant or acknowledgment of
power with respect to the press, might be equally
applied to the freedom of religion
Thrdly If it be admitted that the extent of
the freedom of the press, secured by the amend
ment, is to be measured by the common law on
this subject, the same authority may be rcsolted to,
'lree exercise of religion 1t cannot be ncccs-
sary to say what this standard would be; whether
the common law be taken solely as the unwrlttcn,
or as varied by the written law of England
F0urlhly. Ir the words and phrases in the
amendment are to be considered as chosen with
studied discrimination, which yields an argument
for power over the press, under the limitation that
its freedom be not abridged, the same argument
results from the same consideration, for a power
over the exercise of religion, under the limitation
that its freedom be not prohibited
For if Congress may regulate the freedom of the
press, provided they do not abridge it, because it
is said only, 'they shall not abridge it," and is not
said, "lhcy shall make no law respecting it," the
analogy of reasoning is conclusive that Congress
may regulate and even ajridge the free exercise
cause it is said only "they shall not prohibit it,
and is mol said, 'thcy shall make no law respect
ing, or no law abridging it,"
The General Assembly were governed by the
clearcst reason, then, in considering the 'Sednion
Act which cgIslatcs on the freedom Of the press,
as establishing precedent that may be fatal to the
liberty of conscience; md it will he the duty of ALL
in proportion they value the security of the LAT
ter, to take the alarm at every encroaclment on
the former.
The two concluding resolutions only remain to
be examined. They are in the words following;
"That the good people of this Commonwealth,
having ever felt and continuing 10 feel the most
sincere affection for their brethren Of the other
States; the truest anxiety for establishing and per-
petnaling The Union of all; aud the most scrupu-
Ions fidelity to that Constitution, which is the pledge
Of mutual friendship, and the instrument of mutual
happiness; the General Assembly doth soIcmny
appeal to the like dispositions in the other states,
in confidence that they will concur with this Com
nonweaIth in declaring, as it does hereby declare
that the acts aforesaid are unconstitutional; and,
that the necessary and proper measures will be Ia
ken by cach for cooperating with this State, in
maintaining uuimparcd, the authorities, rights and
liberties reserved in the States respectively or to
the people.
"rhat the Governor be desired to transmit
copy of the foregoing resolutions to the Executive
authority OF each Of the other States with request
that the same may be communicated to the IcgiS-
lature thereof; and that copy be furnished to each
of the Senators and Representatives, representing
this State IN the Congress of the L. So
The fairness and regularity of the course of the
proceeding, here pursued, have not protected it
against objections from the sources too respec-
table to be disrcgardcd.
1t has been said, that it belongs to the judiciary
OF the United States and not the State Legislatures
TO declare the meaning Of the Federal Constitution
But declaration, that proceedings of the Federal
Government are not warranted by the Constitution,
is novelty neither among the citizens nor among
the Legislatures of the States nor are the citizens
or the Legislature of Virginia, singular in the ex-
ample of it,
Nor can the declarations of either, whether ar-
irmng OF denying the consltuionaIily of measures
oil the Federal Governments; or whether made be-
fore or after judicial decisions thereon, be deemed
III any point Of view, an assumption Of the office
of the Judge The declarations, in such cases, are
expressions of opinion, unaccompanied with any ,
other elect than what they may produce on opn-
ion by exciting reflection. The exposons of the
judiciary, on the other hand, are carried into i'm |
mediate effect by force. The former NAV lead to
change in the legislative expression of the general
will; possibly TO change in the opinion of the IN
diciary the latter eniorces the general will willis,
that will and that opinion continue unchanged. !
And il there be no lmprpricty in declaring the
unconstitutlonaity Of the proceedings in the Fed
ea Government, where can be the improprie,y Of
communicating the declaration to the other States I
and inviting their concurrence in like declaration,
What is allowable for one must be allowable for ,
all; and free communication among the States