The Mirror — Concord, N.H., 1799-05-06 00:00:00, page 2

. ent of the ^ fellows who bed been
wounded, had been duffed, nor a tingle
bucket of water, thrown on the deck.—
The, were in a perfe& gore of blood ;
insomuch, that when the Clip would roll
with the heave of the sea, the blood in
the cabin run from fide to fide, in a per
fed current.
' "The capture of this (hip, ought to
be a serious lesson to our merchants, how
they fit obt their vessels. They put on
board ten or a dozen guns, with twice
the number of men, at the utmost, and
then think the is able to cope with any
thing the may possibly meet with. This
is a great mistake. It is incredible how
these Frenchmen fight, when driven to
defpera+ion. Having nothing to lose
and every thing to gain, whenever they
fee any thing that looks like plunder,
nothing will deter them from attempt
ing the most daring enterprize. The
Democrat has taken two or three other
flhips of equal forre, and carried them
into Guadaloupe. We found 30 French
men on board the ship, who were put on
board the frigate."
NEWTORK.
NEWYORK, APRIL 16
The Rutland, (Vermont) paper, in
forms that four of the " republicans" in
that state who defttoyed a man's orchard,
on account of his giving evidence against
Lyon at the period of his being convided
of Seditious pradices, have been found
guilty by a Jury, and damages to be paid
by the offenders to the amount of 140
dollars. The "republican?' have appeal
ed their cause to the Supreme Court of
the State where it is probable they will
meet with more cost for their pains.
From a Liverpool paper.
The Factor, late Kemp, from New
Y^k, arrived here on Saturday ; on the
pdhge the fell in with a French privateer
of zz guns, who ordered the American
to come on board and bring his letter
which he complied with ; whi ft on board
the Frenchman a gale of wind coming
on the F&r (in which was the owner)
immediate!, made fail, and in spite of
every iff tit of the enemy, outfailed him,
and made histfcape.>
We hare strong rerfon to believe, the
privateer has since been captured, as
several American tetters have arrived
here byway of Plymouth, on which teas,
written " per Ihip Faaor."(
State Paper.
HOUSE ofREPRQN TAriVZS.
ft Committee, to whom were referred on
the itch inf. certain Memorials and Pin.
ton, complaining of the Aft, entitled,
«< an da concerning Altens," and über
late Aas of the Cengrejs of tbe Unital
States — -
REPORT
YT is the pro s e& objed of these pe
ttyons ^ solicit & repeal of two ads
'parted during the laft&ffio^ of Congress,
. the <@" A^ ^ concerning Aliens,''
the other " An ad ip addition to an aQ
for the punishment of certain crimes a
griaft the United States," on the ground
of their being unconftitutionab, oppres
sive, and impolitic.
The committee cannot, however, for
bear to notice, that the principal meas
ures hitherto adopted for repelling the
™ of France, have
% not escaped animadversion. '
6 Compkintt are . particularly direaed
: againftthe laws providing t navv— for
augmenting the army—authorifinga
■my, and corps of voici
ng a duty on stamped fel-,
int and paper—assessing
loans tor
tty^/°' ;C °,P |a ^^
inveaives against the policy^ the gov
^ ' . metric npfri/iriihd infih
a tiAfriAfte iminoAthru tn th# Arrarafter rtf
^ihe Legislature and of the Admirnftra-
While the committee regret that the
public councils Should ever be invited to
fiften to other than expressions of ref
pea, they trust that they have imparti
ally considered the questions referred to
their examination, and formed their 0
pinions on a just appreciation of their
merits, with a due regard to the autho
rity of government, and the dispassion
ate judgment of the American people.'
Tne ad concerning aliens, anil the
ad in addition to the ad entitled tan a&
far the punishment of certain crimes,
Shall be firft considered.j
Their con,tint tonality is impeacted.—
It is contended, that Congress hire no
power to pass a law tor removing /liens.
To this it is answered, that the #ylum
given by a nation to foreigners, i mere
matter of favor, lefumable at the public
will. On this point, abundant auhori
ties might be adduced, but the cc nmon
praaice of nations attests the pri, iple.
The right of removing aliens, as an
incident to the power of war and foce,
according to the theory of the conftitu-%
tion, belongs to the government of the
U States. By the 4 f b f aion of the 4th
article of the constitution, Congress is
required to prote& each state from in
vasion, and is veiled by the Bth feaion
of the §th article with power to make all
laws, which 01ill be proper to carry in.o
effed all powers veiled by the constitu
tion in the government of the United
States, or in any department or officer
thereof ; and to remove from the Coun
try, in times of hoftilitv, dangerous ali
ens, who may be employed in preparing
the way for invasion, is a measure neces
sary for the purpjfe of preventing inva
sion, and of course a measure that Con
gress is empowered to adopt.
The ad is said to be unconstitutional,
because to remove aliens is a dired
breach of the constitution, which pro
vides, by the 9'h feaion of the ift arti
cle, that the migration or importation
of such persons as any of the states fall
think proper to admit, Shall not be pro
hibited by the Congress, prior to the
year 1800." 1
To this it is answered, fi ft, the# this
feaion in the constitution was enaaed
solely in order to prevent Congrefsirom
prohibiting until after a fit perfog the
importation of (lives, which appears
from two cotfi Jerations. First, that
the reftriaion is confined to the States
which were in eziftence at the time of
establishing the constitution: And fee
ondly, that it is 10 continue only twenty
years, for neither of which modifications
could there have been the le^ft reason,
had the reflection been intended to ap
ply, not to Slaves particularly, but to all
emigrants in general.
Secondly, it is answered, that to pre
vent emigration in general, is a very dif
ferent thing from fending iff, after their
arrival, such emigrants as might abuse
the indulgence, by rendering themfeives
dangerous to the peace or Safety of the
country, that if the constitution in thia
particular Should be so construed, it
would prevent Congress from driving a
body of armed men from the country,
who might land with views' evidently ,
hostile.
Thirdly, that as the constitution has
given to the states no power to remove
aliens, during the period of the limita
tion under consideration, io the mean
time on the construction assumed, there
would be no authority in the country,
empowered to fend awe, dangerous ali
ens, which cannot be admitted ; and
that on supposition the aforesaid restric
tive clause included every defcriptioo of
emigrants, the different factions must
receive such a construction as Shall rec
oncile them with each other ; and ac
cording to a fair interpretation of the
different parts of thefo&gtion, 4he
fectioa cannot be cov fleered as teftricrive
on the power of Congress to food away
, dangerous foreigners in times of threat
ened or actual hostility. And though
the United States at the fame lime of
puffing this act, were not in a state of
declared war, they were in a state of par.
tial hostility, and had the power, by law,
to provide, as by this act they have done,
for removing dangerous aliens.
This hwis said to violate that part of
the constitution, which provides that the
trial of all crimes, Except in cases of im
peachment fhal|be by jury ;, whereas
this a& invests the President with power
to fend away aliens on his own fofpicion,
and thus to ioflia punishment Without
ItiTanfwered in the firft place, that
the constitution was made for citizens,
not for aliens, who of consequence have
no rights under it, but remain in the
I country, and enjoy the benefit of the
I laws, not as matter of tight, but merely
jas matter of favour and permiffioo.
which favour and permission may be
withdrawn, whenever the government
charged with the general welfare Shall
judge their further continuance danger-
OUS
ft is answered in the second place, that
the provisions in the constitution relative
to preferment and trial of offerees by ju
ries, do not apply to the revocation of any
asylum given to aliens.
Those provisions solely refoea crimes,
and the alien may be rem ved without
having committed any offence, merely
from motives of policy, "or Security. The
citizen, being a member of the society,
has a right to reftiain in the country, of
which he cannot be disfranchised except
for offences fi ft ascertained, on present
ment and trial by jury.
It is answered thirdly, that the remov
al of aliens, though it may be inconven
ient to them, cannot be considered as a
punishment infl&d lor an < ffence, but,
as before remarked, merely the removal
from motives of general Safety, of an in
dulgence which there is danger of their
abusing, and which we are in no manner
bound to grant or continue.
The “ ad in addition to an ad, intit
led an ad for the punishment of certain
crimes against the United States," com<
monly called the edition ad, contains
provisions of a twofold nature; firft a
gainst seditious ads, and, Second, against
libellous and seditious writings. The
firft have never been complained of, nor
has any objedion been made to its validi
ty : The objedion applies solely to the
second; and on the ground, in the firft
place, that Congress have no power
by the constitution to pass any ad for
punishing libels, no such power being
exprefsiy given, and all powers not given
to Congress, being referred to the Rates
reipeaively, or the people thereof.
To this obje&ion, it is answered, that
a law, to punish falfe, scandalous and ma
licious writings against the gov'nt, with
intent to stir up sedition, is a law oeceffr
ry, for carrying into effect the power vest
ed by the constitution in the g vernment
of the United Spates, and in the depart
ments and efficers thereof, and confe
section, which inflicts a penalty on those
who steal or falfify the record of any
court of the United State; the eigh
teenth and twenty firft feetions, which
provide for the punishment of persons
committing perjury in any court of the
United States, Or attempting to bribe a
ny of their judges; the twenty second
section, which punishes those who ob
ftroct or refill the precess of any court of
the United States, and the twenty third
against rescuing offenders who have been
convicted of any capital offence before
those courts, proviffons, none of which
-are eXpnffly authorifed but which have
beenconfidered as conilitutional, because
they are necessary and proper for carry
ing into effect certain powers exprefsiy
givento Congrefe. ^^ f
,it is objected?© this act, in the second
place, that it is exprefsiy contrary to that
part of the conftnution, which declares,
that " Congress fhrilmake no law ref
petringan fflabliihment of religion, or
prohibiting the free exerrife thereof,, or
abiding the liberty of the press." The
act in quefffan is said to be an " abridg
ment of the liberty of the press," and
therefore onconftitutiooal.<
qtefitly such a law as Congr.fi may pass :
Because the direct tendency of such writ
ings is toobftrua the a& of the g vern
ment by exciting opp< fition to them, to
endanger its exifteuce by rendering it 0
dious and contemptible in the eyes of
the people,+rrd to produce Seritu)us com
binarions against the laws, the power to
punilh which has never boe q teftiohed:
Because it would be minit ft.y absurd to
suppose that a government might punish
fedirion, and yet be void of power to pre
vent it by purifhirg those acts which
plainly and neciffarily lead to it : And
because under the genral power to make
all laws proper and necessary for carrying
into effect the powers veiled by the con
stitution in the government of the Unit
ed States, Congress has pass d many
laws for which no express provifijn can
be found in the constitution, and the
constitutionality of which has never been
questioned, such as the firft section of the
act now under consideration, for punish
ing seditious combinations ; the act pas
sed during the present session, for pun
ishing persons, who, without authority
from the government, shall carry on any
correfpondeoce relative to foreign as
fairs with any foreign government ; the
act for the punishment of certain crimes
against the United Spates, which defines
and punishes mifprifon of treason ; the
tenth and twelfth sections, which de
clare the punishment of acceffarie sto pi;
piracy, and of per sons who (hall confede
rate to become pirates themselves, or to
induce others to become so—the fifteenth"
To this it is aofetftd, in & frft ,to.
that the l&rtj of tbo„#6confi/h not inah
couco for roir, man to puhbfe u>bat bo,h%n,
withont teirg habit to fanfomt iffofaaU
abaft lb's Ureoco to tb? tyur, of otbirt,bat
in a p -rnffien to publ/b, ^without frrßitU
riftrarat, qubatuotr bi m, tbiak pro„r,fc
iag anjwtrabU to tbt ,abtt and miroidaob,
for an, abaft of tbi; „rmffi nto tbvr ,r+ja
diet ; in hit Manner as tbihbtrt, of j^ttb
dm tot antborijo a man 10f,ioA MaliCTu,
fl jcam agai*4 bx neighbour, nor the liber t,
of naionjuftif, him ingoing bj mohna into
another man's boufe, or in ^falling,*, ,r
--son whom be ma, mat in the fowt. In tbo
Jroeralfatii the liberty ofibt pref, bat al
waft been andtrfood i n this manner, and no
other ; atd tbs conjhtntion rfmr, fate,
which bat been framed and adopted free th,
declaration of independence, ofcte " the kb
ert, ofthe„fc" while in feveril, if not all.
their laws provide for the puntfoment of libel
lent tablicatione, which would be a m&riftf
ab/ardit, and co,tradition, if the liberty of
tbtyffi meant to pablfe an, and ever, thing
witbow beteg amenable te tbe iaran tt&
buje of tbit licence. According to tbit ju, b
legal and nniverjall, admitted dfoitfen of
" the liberty oftbe ,rest," a law torefra.a
it; licenttonfety, in ,nbbjbi?g falte, Jeanda
lent and malicious kbth againf the govern
ment, cannot be corfiLred a; an " abridge
ment" (fit; " liber,."
It it answered in the second place, that the
liber, of the pref; did never extend, accord
ing to the law; of an, state, or of the United
States, or of England, from whence our
laws are derived, to the publication of fabe,
jcandulani and malicious Writings again, the
government, written or publfad with in
tent to do mifbkf; such publication; being
unlawful, and punfable in every fate ;
from whence it follows, undeniably, that a
law, to pum, seditious and malicious publi
cations, is not an abridgment of the "liberty
eftbe press, for it would be a manifed afo
jurdify tojay, that a man's liberty was a
br dg d b, punifa&g him for doing that
vbicb be never bad a liberty to do.
It is answered, thirdly, that the aa to
qafcon cannot be uncorfitutional, becau, it
males nothing penal that was not penal before,
and give; no new powers to the court, but is
morel, declarator, of the common law, and
u/efuf for rendering that law more generally
4*1 wn,and more •f, underfood. 7 bn can
not be dimed, if it be admitted, as it mu, be,
tba'J4e,Jcnndolou; and malicious lifels a
gain, the government of be country, publifo.
idutrt i^ext to do mijQfrtot ft(fable
by the common law ; fr by tbs zd feaion of
ibe third article of ibs Constitution, the judi
cial power ofthe United States is ixpre/s, ex- 4
tended to all (fence; arifirg under the confu
tation. B, the confitutton, the government
ojtbe United States is eflabhfetd for man,
important obj Bs, as the government of the
country ; and libels again, that govertoent,
tberetore, are effaces arifog under the consti
tution, and confqneatly are punishable at com
mon law 1, the court; ofthe United States.
The aa,indeed, is (0 far from having extend
ed the law, and the power 0/ the court, that
it has abridged both, and has enlarged in,cad
of abridging tbs" liberty of the ,%;” for
at common law, libels agair, the government
might be punifoed witb,^ and imprisonment
at the accretion ofthe court, whereas the a&
limits the,ne to zoco dollars, and imprifon
men to 2 years ; and tc alfe allows the part,
accufld to give the truth in evidence for bis
jt,fication, which by the common law was
ex,relsl, forbidden.
And lofty, it is asywered, that bad the
confitution intended to, obibit Congress from
kgfo'i^g at'oll on the fubjea of tbs prejs,
which is the confiruaion whereon the objec
tions to this law are founded, it would have
u,d the fame exprffions as in tbat,„ of the
clan);, winch relates to religion, and reli
gious tills ; whereas the words are wholly
efferent : " CeugrOT," fays the conflation
(amendment 3d) "Jb^llmakt no law refya
'"£ •, tfabhjbmsnt of religion, or prohibiting
the free exertif; thereof, or abridging tbs
freedom of fperch, or the press.” Here it is
manift, that the coufitution intended to pro
hibit Congress ffom leg,4ting at all on tbs
futyatfreligions edablifements, and the pro
bdrition is made in the me, express terms'
Hadtbs/ame intention prevailed reftsaing the
preys, the fame ex,iffionswould have here
wed,and Congrc,s would bov; been ^ pro
hibited from paging any la^w refpeaing tbs
,efs." Tb, are not tywotoy " prebih
,tt<4"frem legfotieg at ali en the fnlje&, but
mtrdyfrom,abridging the liberty of the prft
It is evident tbs, ma, bg,nft re,,aing tbo
>"''",!""? """ f% its fegniation, and
to punty this,who,erment ifinto an engita
efmisibtyf,provided those laws do net ', t
fridge” its "liberty." It; liberty, accord
ing to tie talltowri and universally adare^
led a'foiticn, cerfifoft ,Rniffion to publife,
without previous re,faint „n the feus, but
subjt& topuriftment afterwards for improper
publitytiras. A law, th?refre, t, impose
frefos retrains fc %press,.and netto
toin^ftifaMM on the wichd and *&-