The Arkansas banner., 1845-12-03

necessarily .commaea to tbe Fede,al Gov egnmenG the neeglar du.aioa reqaised for taa function of SC n ~ lss denal ments; tine peculiar distance of fhe seat of Is pfocecd- iaEs from the ggoat body of is oustimenls; and the peculiar diHscuity ci tfeaiatiaB ar adequate kHeWledse Of them Through any other channel V vi not these coHsidgaions, seaa CT other ef which produced other cz- cealiaas rem ll4e powers of ordinary Gov craosHss, ai5a eflfeHs aecou8i for fte policy os bH..ng the Hanl ai the Fate7al Goyca- maHt Igon touching Jta caanad which g,aae can give efficacy to is responsibility 10 it. constituents, aad of leaving thaza wta ad- miaizter . remedy, for hc# injured rapu;a- tioas, u9ley iha same laws aud u tha same tribunals which pgotecl tueir !ife5s thelr Hb- erdes, and their peoAerlies2
 Bui the question does no, turn either on the wisdom of lbe Gonstiatiaa, or on the policy which gave rise to le1 particular CT ganization. l. turns on the actual meaning Of the instrument by which i has appeared that power over Che press is clearly eZcia- ded from the naniher of poWegs dtIegaied to the Federal Government.
 And, in t!le opinion of the Committee, well may it ba said, as inc resaiHtjan coa- clndes with sasing, ihnt the uaeaasiilnt,aaai power exercised oyer tie pIsss by tlIa ssseaHion Act, eaeht ''mer 5haa any atHz= CT, to produce universal alarm; fesaaso jff lepelled against the right of lraei examining public characters and measures and ot free communication aHong the people thereon, which has ever been justlY deemed the 9HtY eliaeRal guardian of every o.her right.'
 Without seFHtHfzag miHHiel4 iHsa a'l the provisions of the @SedHon Acl, t will he sufficient 10 cite ao much of he section : as iollows:-',Aad he il lurIhsr ga7.#s sl, t'I1f ifaRY pegsaa aHatl ss5ga ee5.#t. as.eH, ar i.as- l4, af aAali lH7# #i8e.r aF. a.iI.ee' a- zf e3=astt ia VEa4aa, FasaE, gtsazfaa or Ht.t= lihi'e. any a!se, seandaloHss e1l laa,sr.aa= wiring ar wfit#z aeaiuyt fhe ef4Aerne@ e iae United States, er o'her haaae ot t.se Congress of the lailsd States, @i5h all intent to deiame the aid Government, or either House ol the sala Congress, ef lhe Presi- deat, b blHg thtM, CT either ei .hem, i#o contempt or dlzfep8le; or to excite against them, or either or any of them, the haaed of the good people 'ai the United stales see. fhen such person. being thereof convicted before any CouF af tbe Uniled s4ies having jurisdiction thereof, aaall te punished by ! line hot exceeding iNo thnu5aad dollars, anu by Imprisonment aat exceeding Two years
 On this part ef the Act, lAe following oh- sefvations present themseIrea
 l. The Constitution suPaase5 that the President, the eaaefass, and eat!H afits l.ea= sea, may not dlaeAaeso theie aasts, eihet from defect of iadgHeut or ott4r eaases.- Hence, thty are II made aafoasihle to their constituents u taa returning peeio98 ot eiee- tea; and the President, who $ smely in- ta0 ed win very great powers is, es q fur tler guard, sa jestea to aa iatesmeaiate im- IeaeiiHeQt
 ' Should haRPan, as the eeasilali2n sfHReses ii may happen, tfat ei5hef o. taesa branches of the Government may aot tlar duty discharged its tr0s', Ii is# natural and proper el0t, according ta tae cause and da= gree of their iasats, they should he brought into contelap, CT disePul2, and iaeur tae haired of the raeHie.
 ;. Whether t has, ii any case. happened that tue proceedings o either or all of thase bsanehess oviaees such violation ot 3Wy&s tsa- iVsLiia ,a contempt, a disc pu5e, CT hatred among the people, eaa only he determined by q free examination thereof, ana q free communication among the people thereon.
 l. Nheucyeritaay have actl,il9 happened that proceedings of this tild are eharerea- hle on all or either of the branches of the Goveganient, \ Is .ha duty Is well as Ighl ol intelligent and l4ithpl e!e1easto discass and pfamulee taeia tfacly,a to control them b& tae censorship ol. ile HHb.e opinion, IS ta Feo!a3;a a remedy according @ f!5e ,p,es Q. tue Gnasttutiaa And ii emma ha aya3=# ded ta3t those who are 10 apply the remedy must feel. in sQmeGa gree. a coGaHaH. or ba-# l tfed against iae gaa ssgg ssi!g party.
 k tac act Was fassed oa JuiN i1, lgG3, and is 10 be in iajee uuiA March :. I6jI, a MS, of course, t.lat3 during ita cuad0unee. two elections o' tha entire iioase of iiep- reseaiatiges, an election of part ai ,le Seu= a,e, and an election ef President, Were to fake flace
 ,. That, consequently, during ell tAea elections, intended ty j!e constitution ;a preserve tbe parity CT purge lhe t4slts ct lte administration, tae eteat rcme6a! T 'l;5 ri tte people were ta he oo~ge. #el, a3d iaa res possibility oi tl4ais public aaeags lo te screened, under the penalties oE Ihs Ac..
 May t roi be asked oi every intelligent f,iend to the Iber.iez Of h!s country. waat..- er the power exercised in such 2a 4et aa tais ought not 10 produce gcoat 4ad universal alarm Nhetaef 6 risiJ execution oI such al Act, in time p.s,, would Rot have repre- | that information aud communication amos ihe people which E indispensable to the iast \ exercise of thelf elae'oral tights. And Awhethcr such al .tct, fl made perpetual and fatoeeea with gigos, would nai, ia time 10 home, either destroy our free system 0, Gov ignmeui, or prepare conYu!sioa th3t mjght (fave equally iatal te it3
 In answer 10 such questions. it has been ,lleaded that the Hr.sa-s and Rahites.1ns $ofhilsen by ine Al ate -,3ose only which re ta.se and meaeious- aad intended ta de- fame ,J'7a iaeai, ia o.aiaal lar .ha lene allowed to authors ta jusa!y, ky proving tae truth of their publications, and for the iin!- taaons to which the sentence of dae aad m- prisonmenl is subjected.
 To those who concur in the Act, unjec ihe extraordinary helief that ,he opiujoa, lv.