The eagle — Hanover, N.H., 1799-04-02 00:00:00, page 2

the PrefiJent and Congress, to give the
tribute demanded by the Directory.
. All this they may do ; and yet, if Con
gress had proceeded to make a law, to
prevent their landing, or effed their re
moval, we should be told, that Con
gress cannot prohibit the migration or
importation of aliens! This seems a
Grange absurdity: And yet the ab
surdity ofthib case is only altered, it is
not removed, by fubfliiating the case
on which Congress has a&ed. Spies
are, at all times, dangerous ; they are
generally not left, and they are often;
more dangerous, than open enemies;
and' those who corrupt our opinions,
and pervert our duties, are the most
dangerous of all enemies. A power to
roake such la„ is clearly necessary,
for the general defence and welfare of
the United States ; the care of which
it properly deported with the govern
ment of the United States.
For " the people of the United
States, in order to form a more perfed
union in Sure domeftie tranquillity,
provide for the common defence, pro
mote the general welfare, and secure
the bleffirgs of liberty to themselves &
their poßeri',*;" eflablifhed a Con
ftitotion, by which objects of general
concern to the nation are properly sub.
milled to the management of the gene
ral government. And this government
is exprefily bound to " guaranty toev
er, state in the Union a republican
form of government, and to protest each
of them against invasion and domeflic
violence^;" and has " power to make
all laws which shall be necessary and
proper for carrying into execution all
the powers veiled by the constitution in
the government of the United Starrs,
or any department er office thereof+."
Tire restraint or cxpulfion of aliens, in
times of war or danger, h„, by almost
all nations, been considered as a nec
essary measure of proteaion and Self
defence: and, from the nature of the
case, the law of nations, and the gene
ral constitutional authority of the gov
ernment, I cannot permit myfelf to
doubt, that a power to retrain or ex
pel them necessarily exists in the gov
ernment of the United States, as in ev
cry government <F ;;,d with the gen
eral welfare, thefcommon fefcafee, arid
proteaion against inrafion and domes
tic violence, ifynis be a aeceffary and
proper mtfn of iccomplifhing any ob
je&with whic^ the government of the;
United States As charged ; the power
of exerting it is clearly vefled in that
government. The difficulty of obtain
ing the universal consent of the indi
vidual states to any measure, however
salutary, was Efficiently experienced,
as the great evil to be remedied by the
constitution. And a conftrnaion of
the conftitnticn, were itadmiffible, will
not be favoured, which would leave the
general defence of the nation at haz
ard, on the caprice of a single state.
But this law is said to be contrary to
the express words of the Constitution,
because the constitution declares, that
" the trial of allcrimes shall be by iu
• There is one general observation.
which applies to all the objections to
this, law drawn from the Constitution.
It is this; that, aliens arc not parties to
this instrument, and, therefore, can
claim no benefit under it, unless they
are expressly named. The constitu
tion is made by " the people of the U
nited State#:" and for whose benefit.
For the benefit of the people of the U
nited States, surely. It is the charter
<fthe privileges of the citizens of the
United States, to which none but citi
zens of the United States can hereby
claim title. The people of the Unit
ed- States therein limit the power of
their government over themselves ; but
lay no reflraint on their government o
ver aliens. This was not in their view
at all. Until a'iena became citizens,
they are in the power of the ordinary
legislature. The legislature may re
ceive them, and admit them to become
Citizens ; or may reject them, or re
move them, before they become citi
zens. When they come here, they
know, that they come at the Deletion
of the ordinary legislature, gin claim
ho privileges, as citizens, sod have no
reason to complain, if this degiflature
remove them, before they become citi
zens. The legislature m^refufe to
admit them to become citiiQ, by cn,
afting, that citizen Ship Shall be ac
quired only by birth_lf#he legifla
—tetra
. *U. S. Cons. Preen. & tfy&Art.
fee. 4 ± Craft. Art. 1, fa, 8.
Art. 3, fa*. I Cm,,ram.
tare receive them, retain them, and ad
mit them to become citizens ; then, &
not before, have they a right to claim
the benefit of the Constitution made for
citizens. This is clear reasoning. The
constitution, bargained for themselves,
and all who after them, should become
citizens ; but did not bargain for a
liens. Would an American citizen;
removing into France, claim, as a citi
zen, the benefit of the French constitu
tion, against an act of the legislature ?
Would a man received, under the laws
of hospitality, into the house of anoth
er, .tell the matter of the house, when
he orders him to depart, because ne fuf
pe&s him of ill designs ; "/ will not
go ; you have a lease of this house ; you
have admitted me; /will continue in it
under your lease ?" Aliens are tenants
at will, and may be removed at the dis.
ereuon of the owner. When they be.
come citizens, they become tenants on
fixed terms, and cannot be removed,
'hut according to those terms : they are
freeholder,,and cannot be deprived of
their rights, but on a known forfeiture
regularly afeertained.
If, therefore, aliens have no right to
remain, it is no deprivation of right to
order them to depart ; and, if it be no
deprivation of right, it can be no pun
ishment ; and, if it be no puniffimenr,
this order may be made, without any
crime, on the mere suspicion or atbi
trary will of the legislature, which,with
refpeft 40 them, is Sovereign, as, with
refuted to ci izens, the Constitution is
Sovereign. Even a citizen may be de
prived of his right to pcrfonal liberty,
without any a&ual crime, on the mere
suspicion of another, on which a mag
iftrare deems it necessary to require se
curity of the peace. So may an alien
be deprived of our indulgence to re
main among us, on the mere suspicion
of the legislature, that his residence
here is dangerous to the public peace.
This, being no deprivation of right,
but a mere denial of favour, is no pon
ifhmenr, bur a mere exercise of the
right of felf defence, which the gov
ernment of the United States, like that
of every other nation, may exert at dis.
cretion without any crime or any tri-
J ll - . /
^All that is #^ a right to trial ty^
jufyis out of the question. That re
fers to an investigation of offences pre
vious to punishment, or a deprivation
of a right. Here there it no offence,
but a suspicion alledged : and, a,, even
in the case ofacitizen, he ma, be im
prisoned, for the security of an individ
ual ; so in the case of an alien, he may
be removed, for the Security of the na
tion. And in this, there is no punish-.
ment, because there is no deprivation
of a right. It is neither an injury nor
a punishment. It is a measure of felf
defence, inherent in every owner of a
house, to turn out of ftis house a stran
ge, whom he does not choose to enter
tain longer.
I will again put the Case of a ftran-,
ger admitted, under the law of hofpi
<aljty, intoa house. The owner thinks
he has reason to fufpefl, that this Stran
ger intends to rob or murder him ; or
to assist a gang of thieves, whom he fuf
peas of this intention. He tells the
Stranger that he has foch suspicions,
and desires him to depart. IF the Stran
ger fay, " Your fafpiciorts are wrong ;
you must prove them; carry me before a
magistrate, and let me be hied&nd convict
'd, before you take upon you to turn me cut
of your house would this be an an
swer. Should the matter of the house,
in order to give the Stranger the privi
lege of being tried and conviaed, give
him and hit aflociates an opportunity
of accomplishing the wicked purpose,
fufpeaed? Soppofe the matter of the
house reply, "I am not qaell acquaint
ed with your charaaer, but, whatever it
be, I have a right to turn you out; go to
my Reward, and, if you can fr explain
yoUrfelf to bim, as thus bechoofe to permit
you to remain, I agree ; but, if be order
you to depart, you must go ;" would not
this be reasonable ? Would this be a
ny punishment of the stranger ? No ;
it is the right pf felf- defence. But, as
a right to exercise this power will not
authorise the master of the house wan
tonly to beat the stranger, or violently
to take his money from him ; so a right,
to remove any aliep from our territory,
does not authorife a power to puniSh
him, without a trial by jury. i
That aliens, before ,hey can be pun
ished, or deprived of any right, for an
f offence, must be tried by a jury, re
alts not from the express words of the
Constitution, which refers not to them
but to citizens. It rtfips from this,
that our courts know no other mode of
trial,and have no authority to adopt a
ny other.
,1 (To be concluded.)
By the PRESIDENT
Os the UNITED STATES of AMERI
CA.
A PROCLAMATION.
AS no truth is more clearly taught
in the volume of inspiration, nor
any more fully demonstrated by the
experience of all ages, than that a deep
sense and a cue acknowledgement of
the governing providence of a Supreme 4
Being, and of the riccountablenefs of
men to Him as the searcher of hearts
and righteous distributer of rewards and
punishments, ate conducive, equally,
no the happiness and rectitude of indi
viduals and to the well being of the
communities; as it is, a lso, most rea
sonable in itfelf, that men who are
made capable 61 Social alls and rela
tions, who owe their improvements to
the facial state, and who derive their
enjoyments from i*, Should, as a Socie
ty, make their acknowledgements of
dependence and obligation to Him who
hath endued them with these capacities,
and elevated them in the Scale of exist
ence by these d'ftindions; as it so,
likewise, a plain dilate of duty, and a
Strong Sentiment of nature, that in eir
cumftances of great urgency and sea
sons of imminent danger, earnest and
particular Supplications Should be made
to Him who is able to defend or to
destroy ; as, moreover, the most pre
cious inrerefts 6f the people of the U
nitad States are still held in jeopardy,
by the boftile designs and jnfidiousarts
of a foreign nation, as well as by the
diflfemination among them of those
(principles Subversive of the foundations
fit all religious, moral, and Social obli
tyiUrts, that have produced incalcula
ble mrfchief and mrfery'in other coun
" 'rite# ; and ae-je fia„ tbeohfervaDre of
;Special seasons for public, religious fob
emnines, is happily calculated to avert
the evils which we ought te deprecate,
and to excite to the performance of the
duties which we ought to difeharge, —
by calling and fixing the attention of
the people at large to the momentous
troths already recited, by affording op
portunity to teach and inculcate them,
by animating devotion and giving to
it the character ofa national ad :—For
these reasons, I have thought proper to
recommend, and I do hereby recom
mend accordingly, that THURSDAY,
the TWENTYFIFTH DAY of April
next, be obfeived, throughout the U
nited States of America, as a day of
solemn humiliation, fatting, and pray
er—That the citizens, on that day, ab
staining as far as may be from their Se
cular occupations, devote the time to
the sacred duties of religion; in public
and in private : That they call to mind
our numerous offences against the most
High GOD, confefs them before him
with the sincerest penitence, implore his
pardoning mercy, through the great
Mediator and Redeemer, for our past
transgressions, and, that, through the
grace of hit Holy Spirit, we may be
disposed and enabled to yield a more
Suitable obedience to his righteous tie
quifitions in time to comes That he
would interpose to arrest the progress
of chat impiety and licentiousness in
principle (and praflice, so offenfive to
himfelf, and so guinous to mankind':
That he would make us deeply sensible
that, " righteousness exalteth a nation,
but that firi is the reproach of any peo
ple :" That he wouldcurn us from our
transgressions and turn his displeasure
from us; That he would withhold us
from unreasonable di(content— from
difanion, faction, sedition, and infur
re&ion; That he would preserve our
country from the desolating sword :
That he would save our cities & towns
from a repetition of those awful pesti
lential vifiiations under which they late
ly fuffered so Severely, and that the
health of our inhabitants, generally,
may be precious in his fight ; That he
would favour us with fruitful seasons,
and so bless the labour, of the hus
bandman „that there may be food in
abundance for man and beast : That
he would profpet our commerce, man
ufadures, and inherits, and give fuc-
cefs to the people in all their lawful in
, duftry and enterprise : That he would
smile on our colleges, academies,
schools, and seminaries of learning, and
make them nurleries of found Science,
morals, and religion : That he would
bless all msgiftrates, from the highest
to the lowest, give them the true Spirit
of their stations, make them a terror to
evil doers, and praise to them that do
well : That he would preside over the
councils of the nation at this critical
period, enlighten them to a just dif
ceroment of the public fntereft, & save
them from mistake, divifon, and dis
cord : That he would succeed our pre
parations for defence, and bless our ar
maments by land and sea : That he
would put an end to the effufion of hu
man blood, and the accumulation of
human misery, among the contending
nations of the earth, by disposing them
to justice, to equity, to benevolence,
and to peace: And that he would ex
tend the bleffihgs of knowledge, of
true liberty, and of pure and undetiled
' religion throughout the world.
And I do, also, recommend that
with these ads of humiliation, peni
tence, and prayer, fervent thanksgiv
ing to the Author of all good be unit
ed, for the countlefi favours which he
is still continuing to the people of the
United States, and which render their
condition as a nation eminently happy,
when compared with the lot of others.'
Given under my hand
, and the s e al of the Unit
ed States of America, at
the city of Philadelphia,
this sixth day of March,
L. S, in the year of our Lord
one thousand, Seven hun
dred, and ninety-nine, &
of the Independence of
the Said States the twen
ty-third.
JOHN ADAMS.
By the President,
TIMOTHY PICKERING,
Secretary of State.
BOS TON, March 8.
On Wednesday night last, two chil
dren of Mr. Jacob Porter, the matter
01 a boarding hpufe in Royal Ex
change Line, werepoifoned with erode -
opium. One was about 7 years of age,
the other about§. The father, and a
woman who lived in the house, were
yesterday committed to Separate a
partments in the prison. A coroner's
inquest was called, and Several physi
cians of the town assisted in the exam
ination of the bodies f After fitting a
: considerable time, they agreed in the
verdid—That the . children came to
their deaths by certain poisonous sub
stances received into their ftomacAty
and adminiftere^ by Jacob Porter, and
Abigail, whom he calls his wife, the
reputed parents of the children.
WISCASSET,
The schooner Apollo, of this port#
William Clifford, jun. maser, laden
with rum and molaffe,, failed from Ne
vis, the tft of Feb. bound to Wifeaffet.
After being out five days, this, with
the Schooner Venus, Capt. Bartholo
mew Lafdel or Laffel, of Kenebunk.
were captured by a French Schooner
mounting 10 guns, with 9; men, from
Sf. Domingo; being then in lit. 24—
who took out all the Apollo's crew, ext
cepting Capt. Clifford and Mr. Trafk,
one of the men, (who feigning them
selves sick were left behind) put on
board a prize-master and five hands,
and ordered the Apollo for Currococ.
The next day after being captured,
Capt. Clifford found himfelf well e
nough to 1° on deck, and observing
the prize matter's piftoh and cutlass ly
ing in the binnacle, watched his oppor
tunity, when the pirze matter was talk
ing with the prize maftef of the Venus,
(being close on board eich other) and
handed the pistol sdown the gangway to
Mr. Tralk. He then seized the cutlass,
and ordered the man at helm to put the
helm hard down. The prize master
feting this, Sprang for hit pistols, but
not finding them, he called on the fchr.
Venus te fire on the Apollo with Some
Small arms they had on board. Capr.
, Clifford ordered Trafk to blow th#
prize matter through, if he did not
countermand those orders, which be
immediately did. Tralk drove the 4
Frenchman that were forward, down
the fore-fcuttlc, while Capt. Qifford
secured the prize matter and the man
at helm, and afterwards confined in the
lewel hold, all bat the prize matter.