The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-06-05

the United States, etc. then such per-
sons, being Thereof convicted before
any court of the United States having
Jurisdiction thereof, shall be punished
by a fine not exceeding two thousand
dollars, and by Imprisonment not eX-
ceeding two years.
| That law had hardly been promul-
gated before Mr.. Jefferson pronounced
1t unconstitutional and commenced
the most far-reaching and vigorous
onslaught upon it. He not only
aroused the people of America, but
he brought to bear the power of en-
HghteneG public sentiment in England
and on the Continent to produce a
worldwide condemnation SO strong
that, added to the indignant protests
OF their constituents the makers
| would be forced TO repeal ii. TO John
Taylor in 1895 he wrote: 81 enclose
you column, cut out Of a London pa
per TO show you that the English,
though charmed with our making
their enemies our enemies, yet blush
and weep over our Sedition Law
The first and the only national cam
paign upon the issue of appealing to
the people to protect the freedom of
the press, guaranteed in the Federal
Constitution, was inaugurateG by Mr..
Jefferson against the Alien and Sedi-
ton laws. He not only inspirited The
spirit of the criticisms upon these
dangerous laws in the newspapers, but
he wrote the famous Kentucky Reso-
lluuOnS that for years engrOSSt4t tins.
public mind to the exclusion of all 9TH
er topics. In the Kentucky Resolu-
tons, upon the question of the attempt
| to Shackle the press by the Federal
Government. Mr.. jefferson wrote:
ut is true as a general principle.
and is also expressly declared by one
of the amendments to the Constitu-
| ton, that the powers not delegated
tC the United States by the Constitu-
ton nor prohibited by it to the States,
are reserved to the States respective
| ~, or to the people, and no pow
| er over the freedom OF religion, free
dom of speech, or freedom of the
press being delegated to the United
States by the Constitution, nor pro-
hibted by il to the States all lawful
powers respecting the same did of
right remain, and were reserved to the
States or the people. There
was manifested their determination to
retain to themselves the right of judg-
ing how far the RIGHTEOUSNESS of
| speech, and of the press, may be
| abridged without lesSening their use
| full freedom and how far those abuses
which cannot be separated from their
use should be tolerated, rather than
the use be destroyed. And thus also
| they guarded against all Infringement
hy the United States of the freedom of
religious opinions and exercises and
4 retained to themselves the right of
\ protecting> the same as this State
j (Kentucky) by a law passed on the
general demand of its citizens, had al
| ready protected them from all human
restraint or interference. q In
addition to this general principle and
express declaration, another and more
| special provision has been made by
one of the amendments to the Consti-
i tuition, which expressly declares that
/ Congress shall make no law respect
| ing an establishment of religion, or
prohibiting the free exercise thereof
or abridging the freedom of speech,
4 or of the press" thereby guarding in
the same sentence and under the same
Il words, the freedom of religion, of
speech and of the press, insomuch
that whatever violates either throws
down the sanctuary which covers the
others, and that lbels, falsehood and
defamation, equally with heresy and
false religion, are withheld from the
cognizance of Federal tribunals.
Therefore, the act of Congress of the
| United States passed on the 18th day
OF July, I19S. infatuated AN Act in al
dition to the act infatuated An Act
for the punishment of certain crimes
against the United States, which does
abridgc the freedom of the press, is
not law, but is altogether voi1, aud of
no force. IF these acts (the
Alien and Sedition Acts) should stand
these conclusions would flow from
them: That the general government
may place any act that they think
lproper on the list of crimes and punish
il themselves whether enumerated or
not enumerated by the Constitution as
| u 10 ncid
other person, who may himself be the
accuser, counsel, judge, and jury
whose suspicion may be the evidence
his order the sentence, his officer the
executioner, and his breast the sole
record of the transaction: that a very
numerous and exact description of the
inhabitants of these States being by
mis- precedent reduced to outlaws, to
the absolute dominion of one man,
and the barrier of the Constitution
thus swept away from us ALL no. ram
part now remains against the pas
sions and the powers of the majority
in Congress to protect from like ex-
portation, or other more grievous
punishment, the minority of the same
body, the legislatures, judges, govern
orS, and councillors of the States, nor
their other peaceable inhabitants who
may venture to reclaim the constitu-
tional rights and liberties of the
States and people. or who for other
:. causes, good or bad, may be obnoxious
to the views, or marked by the suspi-
cions of the President or to be
thought dangerous to his or their cleo
ton, or other interests, public or per-
sonal that the friendless alien has
indeed been selected as the safest sub
Ject of first experiment but the citi-
zen will soon follow or rather, has
already followed. for already has a
Sedition Act marked him as his prey;
that these and successive acts of the
same character. unless arrested at the
Threshold, necessarily drive these
States into revolution and blood, and
will furnish new calumnies against re-
publican government and new pre-
texts for those who wish II to be be-
lieVed that man cannot be governed
but by q rod of iron"
The Virginia Resolutions, drawn by
Mr. Madison and approved by Mr.. JEFF
ferson condemned the Allen and Sc
dition Laws and, with reference to
the attack on the freedom of the press
employed these words: Exercises in
ike manner, power not delegated by