The Arkansas banner., 1845-12-03
evidence tae HaIh of thc matter contained in poIitLca wriLinrs

Glaleah= ia some tases, aHd sufficient aoa bic and veNa.i3a iH alt, of meeting psoszgq taa from tha government with the full a# formal proof necessary in a count ot '2%,
 Eas, ia .he Hesa place, tiat.-t be "Atl41= io tAe p'aiHe mia.z, that aaiaiana and 45. fsrenaes, and eaai-cMal olseerall.az, Hr5 not only ia maas eases iasePaG.'5la D rom lt.z facts hrt may ofea be "ara tHa cgef's o
 misrepresentation if8a i!e facts he@aaitesi e. may even be altogether abztrar.e from i4'- tieHIar facts; a8a that opinions aad ujea24- ces, and conieclural obaergations, c"uhot~se Isalaaets of that kind of proof which @aPef- taiHs t9 facts, before a court oi law.
 Aean t is 10 lees obvious that ihe t.2- ica' 10 deiame or bring into contempt, or dis- refnte, or hatred, which s made condition of the offence created by the aet, cannotpre- lYent is pencious influence on the freedom ol the press For omiuing tae lnqpiry how ia. tha malise of the inteas-a.an inference oi the law from the mere publication, tl5 aan- Iitesdg impossible to punish the intent to briaq those who administer lhe government iaae disrapufe e# contempt, without striking 4 fHa rizhl af freely disedzsiag p4t.ie cha aHieI5 aud measafes, because those wha ea- ga9e iu such discussions must expect and ne ft1d to excite lhese uniafor1ble continents, SD far as tbcy may he thought to be deserved. To prohibit tie intent to excite those uaia- t9fahle continents. against those #hoadmn= ister tine eorsrnmant, K equivalent to a~1fo- hibli8n of the actual excitement af them, and ta prohibit the actual cxe;tameai=ol them. is
 equivalent 10 prohibition ai dl@eH#siatss having aslalency and elleel; wainh. agaiH, 5Hef5jva.en 10 | protection sf those eHe aHnnistcrthe government, if the5 teat8i 7f aa9 time deserve tha contempt CT hatred et lse people, against being oRaased to lt bE free aHinadvas ieHs on fhaIF characters and eendaet Nor can there be doHht 4 these a public tust he shielded hy penal laws from such stricnrcs of the press as may expose them 10 contempt or dlsrepate, or hatred, when they may deserve it, that, in exact proportion as they may deserve to he cHpa= #ef. will be the certainty and eflmiuaI3tY q tke intent ta e&aae thcns and the vigilance 4i prosecuting and panishiag iti mora doafi | at a government tlUs ihtfeaehed in PeHa statutes, as5iast the iuat ana aataml cH#ef7 efa eulpabIa administration, will easiiTa the spoHsIbIitg whichis e. eatial a!aita- Gal dsehafae ef lis duty.
 let it be feeaileeIej, la5tlT, that the right If eiectiae tbe members of fte government constitutes more naEfirul3fiy lae e eace ola fee aHA rezaoa=ihle soverameHt. Pha iai#e aud efficacy of fl3 right depends oa ..Ic hAowietlge and comparative merits and de- merits of the candidates for public rust and on the enual freedom. consequently. Of ex amiang and discussing the merits and de meriis of .he candidates respectively. It has been seen 1liat | number oI important elee- tiang will take Hlaee while he Act in toue although 1t shsall be continued baEoa3 he IeM 10 which i is limited. Saou', theee happen, thaa. as is extremely probable in re- !af.an to some ag ether of Ide branches of he government, what will be he situations ol the competitors: Not equal, because the characters ol he former viii be covered by .he @Scdliaa Aet,o lrem aRim&lyersioas exposing them to GisrcPue among .he peo- p.e; while the latter may be exposed to cou- tempt and barred of tbe peaple, wjt.auta violation of the tet What will he the situ aiion of inc people? No free: because they will be compelled to make their election be- Tween competitors whose pFeien2ioas are not permitted, by the Act, equally to examine, to discuss, and 10 ascertain. And from both these situations will not those in power de- rive an undue advantage for continuing them selves in it; which, by impiring the right of election, endangers the blessing of the government founded on it
 L is wifh justice, therefore, thal inc gene raj assembly have affirmed, i- tho resolution, as wall b5t tHe right of freely examining public characters and measures, aa4 Of eoa- m4aieaGoa thereon, is tae only etiartaal ggarlj&u oi every other f'aht; as ;hat t.ls P8fdeular ej-Ht s IeveIe3 a. by jaa power exercised i4 lae sSeai,i2n te12
 s4STu ABSORPTION.
 Taa resolution next in order is = follows:
 .FAaj tA;s ssa.e having, hY igs eonvca tiaa which eu.iiaed the Federal Constitution, ex- prczlv drclart!, that, uucne othercz5ontiaI FisHts, 't'.e liberty ot conscience and of the pf5ss cannot be cancelled, abridged, resiraia- e3 or modified, by any authority of the '. st8tes,' and, fton its extreme aaSiety to euard saesa r.glts ttam every possible attack oi sapais,ry aal ambition, havjHe, with other Satas, recommended for that purpose, which amendment was, iR due time a8aex4l 10 iAe Gaas..tuuan; would matk a rept-as.s.H. ;ueonaisssncy. and crnmina! deaeneEcy, if an Hditlerenco were new shown to the most ptIpa6lo violation of one of lte rights taas declared and secured, ard ta the cahllsb- ment oi precedent that may be -a,ai to 'he othec"
 To place ths resolution in its iust lieat, Il will be necessary lo recur 10 the Gcl of ral- ieatjon of Virginia, which stands in the en- saaz form:
 "Ne, thc delegates of lbe people of VT. giH.a. duly elected il the pursuance oc a re- commenda.ion ffom the General ts-cmtl4. att aaw H9etia Goaycntioa5 having zam,
 eiy iHe~ ataelaao acuas. tde aaelI= tass ot ,le i5eieml Convention, and baia prepared os well as Inc most mature leliher- ggio0 hGlh enahedus to dccll5 thereon: DO, i0 tIe uDme and II known that lhe poW@S granted under tbe Constitution. heinz derived from the People oI lbe United sates. may 5e resumed by them NhonsoeYer the same shall be perverted b their injury CT oppression aad that every power not granted thereby .e- mains with tbem and at their will. That, HtaeRfss sse m rirht of on,- t}arsf,,g afi.,, sas