Abridgment of the Debates of Congress, from 1789 to 1856, Vol. 4 (of 16)United States. Congress
History
Abridgment of the Debates of Congress, from 1789 to 1856, Vol. 4 (of 16)
United States. Congress
Law -- United States; United States -- Politics and government
in the Treasury? Let us not be guilty of this inconsistency. If the
sedition law has gone to the tomb of the Capulets, and I believe it
has, I am not one who wishes to bear up against the people's voice;
the Government is theirs, and when they speak we obey. If under that
law the Government has received money for an act which really, if the
statement of the gentleman be true, could scarcely be considered an
offence within the purview of that law, will you not give it back
to him? Either give back the money in the case, or take measures to
recover that money which was given back in the other. I am not for
making fish of one and flesh of another. Whilst on this subject I will
declare that I never did consider the sedition law as unconstitutional.
Congress were competent to pass it. But, that parties will sometimes
in the ardor of their course exceed the limits of discretion, and do
violence to the milder feeling of the community in which they live,
has been proved in the Adams Administration, and in that which has
lately disappeared; and when they have cooled down, it is but rendering
justice to the sense of the country to acknowledge their errors. No,
sir, I am satisfied that all prosecutions for libels on the Government
should be at least very hesitatingly sustained. You cannot draw a
precise line by which you shall limit the right of investigation. The
two things are so blended together that you cannot separate them. You
must either make the Government supreme or the people supreme. I am
for the latter. As Dr. Johnson makes Lord Chesterfield say, liberty
and licentiousness are blended like the colors in the rainbow; it is
impossible to tell where one ends and the other begins. Licentiousness
is a speck on the eye of the political body, which you can never touch
without injuring the eye itself. I hope and trust that with this
investigation will be connected an inquiry into the prosecutions at
common law in Connecticut. I have seen in the State of New York, but
not under the present Administration, a defendant coming into court,
begging only to be permitted to prove that what he had said was true;
I have seen also an Attorney-General rise to prevent it: I have seen
the truth smothered on the trial by men who were as clamorous against
the sedition law as any loud-mouthed patriot in the country. I have
seen them bringing almost to the block the victim who may only wish to
prove the truth of what he said--which was denied him. I mention this
to show that where parties are contending against each other, where
there is a majority on one hand and a minority on the other, that which
appears on paper proper for the protection of the Government, turns out
to be for the oppression of the minority. In the nature of parties it
cannot be otherwise. Therefore, in my opinion, the Government of the
United States cannot render a greater service than by declaring it will
not be accessary to any diminution of the rights of the citizen; that
Public-domain text, read in full here on John Shaqi.
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