The Providence journal, and town and country advertiser (Providence [R.I.]), 1799-02-20 00:00:00

The Providence Journal.
AND TOWN AND COUNTRY ADVERTISER.
Published on WEDNESDAYS, by JOHN CARTER, JUN. at the NEW PRINTING-OFFICE, West Side of the great Bridge, PROVIDENCE.
[ No. 8. ]
WEDNESDAY, February 20, 1799.
[ Vol. I. ]
Miscellany.
[The following masterly performance, while it does the highest honour to the talents and patriotism of the minority, cannot fail to have the happiest effect in removing the errors and prejudices concerning the general government, which are entertained in Virginia, or in any other state. So sound in principles, so strong in argument, so elegant in expression, its eloquence is irresistible; it has given a decisive blow to the antifederal party in that state, whose downfall may be dated from this epoch.] FENNO'S GAZETTE.
Address
Of the Minority, consisting of 58 Members, in the House of Delegates in Virginia—which the Address of the Majority rendered necessary, for explaining and justifying the Opinions of the Minority.
FELLOW-CITIZENS, OPPOSING, as we did, resolutions of the General Assembly, passed on the 24th day of December, we cannot remain silent under the unprecedented example exhibited in support of them, by a detailed display of those reasons which influenced their adoption. We lament their existence; and we deprecate the deviation from our legislative usage, which their adoption has produced.—If this was the only evil resulting from the system of which they form a conspicuous feature, we should in silence wait your application of the constitutional corrective, which you annually dispense: but considering the happiness united America enjoys, and foreseeing the evils which disunited America must inevitably suffer, we cannot shrink from the discharge of the momentous duty to which we are unexpectedly called, and on which we reluctantly enter. To place the present crisis plainly before you, it is necessary to recur to past transactions. For the purpose of perpetuating the blessings of our national independence, the people of united America were induced to exchange their first political association for that now existing. The will of the majority produced, ratified and conducted it. This first principle in our federal pact cannot be impaired without proportionate injury to the body politic.
The fallibility of man prohibits the hope of perfection in his works; and the best rule for freemen to adopt, in the opinion of our ancestors, was that which inculcates obedience to laws enacted by a majority of functionaries appointed by the people. Foreseeing the terrible effects which ensue from differences of opinion on national subjects, they added to the first principle two others, which promised immortality to the work of their hands: they declared the compact amendable, and plainly pointed out the ways; they limited powers to fixed periods; recurring to the choice of the people for the delegation of authority.—Under a constitution thus formed, the prosperity of America was great and unexampled. War broke out in another quarter of the globe: the government and people of the United States bemoaned alike the distresses incident to a vast portion of the human race; distresses not within their control, and in the termination of which they did not possess even a remote influence. Avoiding the existing carnage, the continuance of our existing happiness became, as was proper, the primary object of the attention of government. The President of the United States, a citizen the most tried, and the most beloved, weighing all the difficulties to which our relation to the belligerent powers exposed us, promulgated by proclamation the existing state of things, and warned his fellow-citizens of the pernicious consequences which would follow the dereliction of their neutral condition. An adherence to this situation was enjoined by law, and approved by the general plaudits of our country. Yet, unfortunately for America, and for republican governments, a few openly, and more secretly, lifted their voice against their country's will. A foreign minister's contumelious appeal from the acts of government to the people, whose honour and comfort alike commanded their support of that government, was maintained with affection to the foreign agent, and with acrimony against the constituted authorities of the nation. The subject became familiar to the whole people; and their voice, spontaneously uttered, sunk into temporary and contemptuous oblivion the abettors of this wicked effort. Smothered for a while only, the unextinguished fire rekindled as occasion afforded fuel.
The treaty which terminated our revolutionary war, although followed by the immediate possession of the main good, yet held some secondary objects unsettled. The consequence of war is a state of mental ire, which yields only to acts of mutual beneficence, and to time. This state of mental warfare had not ceased, when the unjustifiable conduct of our late foe, especially on the ocean, rekindled our ardour for hostility and revenge. The executive of the United States, uninfluenced by the passions of hatred or affection, continuing to view peace, so long as it was to be preserved without dishonour, as his highest duty, in a moment menacing war, made his last effort to avert its miseries from our land. He sent a minister to Great-Britain, for the purpose of settling the existing discord. Peace was
preserved with honour. This event, instead of confirming our internal tranquility, was turbed with much dexterity to the renewal of past animosities; the views of Genet were read in a different dress, and the executive of the union was branded with every epithet of opprobrium, because in preventing war, every good wished for by one of the parties to the contract of peace had not been obtained. Here the indignation of the American mind was addressed with considerable effect. At length the people, roused by self attention, spoke—all was tranquil; and error, whether resulting from mistaken confidence, or vicious intention, sunk again into oblivion.—France, our ally, to whom our government had from the beginning of the war presented repeated proofs of sincere friendship, taught by the bickerings of ourselves, on the subject of the British treaty, re-echoed American reproaches with French views and French objects. Similitude of sentiment too often begets union in design—our commerce became a prey to French cruizers; our citizens were captured, and all the injuries heretofore received from the British nation, were repeated on our defenceless country, with this striking difference.—A former foe, claiming unexpected stipulations, inflicted the first; while the latter proceeded from the hand of a former friend, bound to us by the ties of a solemn treaty, and receiving from us every good in our power to bestow, without violating our neutrality, and thereby committing suicide on our national and individual happiness.
Influenced by the same pacific principle, the President (the same tried and beloved Washington) attempted, as before, by a timely interference to avert the impending war. He sent a minister to France, with full powers to remove, by candid explanations, mistaken opinions; to renew ancient friendship, and to perpetuate the blessings of mutual peace. This minister was not even received, but was ordered to depart with marks of contumely and threats of imprisonment. The successor of Washington, actuated by the same principles, and anxious for the same beneficent end, made a second effort to restore peace, and paid an unusual compliment to the French government, by sending three envoys extraordinary, with ample powers to hear, to explain, to redress, and to bury every complaint in a fair, honourable and friendly adjustment. This renewed testimony of our desire for peace, was returned by increase of insolence and affront.
Thus situated, we had but to choose between submission to the will of a foreign nation, and the maintenance of our independence. What American could hesitate in the option? The choice being made, self preservation commanded preparations for self defence. With this view, and to this end, various defensive measures were adopted by the last congress, the most effectual of which were, the equipment of the fleet, the raising of an army, a provision for the removal of dangerous aliens, and for the punishment of seditious citizens. The two first are charged with the atrocious design of creating a monarchy on the ruins of our free government, and the two last are declared to be usurpations of power in violation of the constitution; while all of them are viewed as parts of a fixed system, tending to the establishment of despotism. This serious accusation, if true, commands your effectual interposition; if untrue, it ought to guard you against the warning of those who from error, or with the most pernicious design, invite you to the adoption of measures baneful to American happiness, and fatal to American liberty.
When the most powerful nation in Europe, by whose insidious policy and numerous armies, populous, warlike and wealthy states have been overturned, whose lust of dominion is insatiable, and whose only rule of conduct is her will, has demanded tribute at our hands, and menaced us with the fate of nations conquered and debased, what means could have been adopted more convenient or more likely to secure our defence? The equipment of a fleet guards the remains of our commerce from their privateers, enables us to incommode any offensive attempts which their enmity might dictate, and to facilitate our exertions for self defence, by facilitating the conveyance of the requisite supplies for military operations in our extensive country. Important, already, have been the beneficial consequences to our commerce, flowing from this wise measure, and every benefit to trade, in an increased ratio, enlivens and invigorates agriculture: More important will be its effects in securing our protection, should we be forced to the last appeal in defence of our liberty and property.
Upon so solemn an occasion, what curses would be adequate to the supineness of our government, if militia were the only resort for safety against the invasion of a veteran army, flushed with repeated victories, strong in the skill of its officers, and led by distinguished commanders? Should not the American citizen be prepared to meet the eventual combat by those acquirements which place him on an equal footing in the day of battle? Or is he so little esteemed as to be designedly submitted to an unequal conflict? What more than placing him on an equality with his foe is proposed by raising an army? Thus our ancestors acted in the revolutionary war; and suspicions perverting their intention, like these now disseminated, would have been treated with
contempt, or punished as the schemes of men devoted to the enemy. Where is the change in our situation, which authorizes the denunciation of a measure now, then admitted to be wise and indispensable? Does it argue a love of country to paralyze means adopted for its defence? Does it demonstrate affection to our fellow-citizens, to reprobate endeavours which bestow upon them equality of skill with their antagonists? Does it evince a wish to disregard and distrust our militia, when an army is formed of citizen soldiers for that very militia to rally round, and hand and hand, to march to attack the foe? Can that army be called mercenary, which is composed of our brothers and our sons, levied by law, paid by law, and embodied to defend their and our common rights? Would your Washington lead a mercenary army? Is he not again your general? Why, then, those unfounded suspicions, and this opprobrious unwarranted epithet, but to enslave your passions, and to mislead your judgments?—Pause, reflect, and say, whether council thus administered can have any good for its object; and whether under the pretence of promoting your happiness, it does not lead to an issue disastrous to America, calamitous to Virginia.
Alike erroneous, and alike destructive of the common weal, is the distorted construction of the Alien and Sedition Acts.
Nevertheless, these acts are confidently pronounced unconstitutional, so much so, that to many of our fellow-citizens, the question may appear to have been completely decided.
In the opinion of some, to deliberate on this subject, is to be criminal, and to pause before we declare that the constituted authorities have knowingly and intentionally violated that sacred charter by which they hold their political existence, is to be inimical to that republican liberty, which constitutes the pride and happiness of our country, and which can only be preserved by preserving that government which is now so boldly arraigned. Had the measures which profess their origin from these laws been confined to ordinary, peaceable and constitutional efforts to effect their repeal; had a decent respect for the real majority of the American people been maintained, no opposition would have been made by those who now address you.—But when a partial irritation, in some degree produced by misconception, is sought to be excited into general hostility against the government of our country; is seized as affording a fair occasion for proceedings which may lap the foundation of our union, we must, in obedience to that duty which gave birth to this reply, submit to our fellow-citizens some reflections on these laws:
The act concerning aliens makes it lawful for the President of the United States to order all such aliens as he shall judge dangerous to the peace and safety of the United States, or shall have reasonable grounds to suspect are concerned in any treasonable or secret machinations against the government thereof, to depart out of the territory of the United States, within such time as shall be expressed in such order.
This law has been declared to be unconstitutional, because—First, It transcends the powers of Congress;—2d, It violates that article which restrains the prohibition of migration till 1808;—3d, It unites legislative, executive and judiciary powers in the chief magistrate;—4th, It deprives aliens of the constitutional right of trial by jury.
Time will not allow a minute investigation of this subject; the several objections will be but briefly reviewed.
1st. It is alleged to be an exercise of a power not delegated. The constitution of the United States is in its organization dissimilar to any scheme of government which has heretofore been devised.
It presents to us for many purposes an entire nation, and for other purposes several distinct and perfect sovereignties. Perpetual peace among ourselves; a complete participation of privileges through all the states; and, above all, safety from abroad, were perhaps the strongest motives which induced America to unite under one government. All objects which are general in their nature, which interest all America, which are connected with the general safety; all external objects can only be obtained by the co-operation of the whole, and therefore the powers necessary for their attainment would be naturally vested in the government of the whole. The mass of social and interior regulations can be most beneficially attended to by the state sovereignties—and therefore the government of the union is and ought to be excluded from participating in their formation.
When we examine the situation of the United States, and the objects for which its government must necessarily have been formed, the mind is irresistibly led to the demarcation of a plain line of partition between the general and particular sovereignties. Since the general and state governments equally represent the people, and are alike accountable to them for misconduct, those powers which are essential to our happiness and protection may, with equal safety as to their abuse, be trusted to the one or the other. It is therefore rational to suppose, that they are placed where they can be exercised most beneficially, and that they are given to that government which is designed to effect the particular
object for which those powers are calculated.—This obvious principle seems to have actuated those who framed our constitution; the powers of peace, war and commerce, of external intercourse in all its variety of forms, of calling out and directing the force and wealth of the nation, are placed in the general government. They are rightly placed, because to that government we look for protection from enemies of every denomination.
With respect to these objects, America is one nation, and therefore the state governments are restrained from interfering with these great acts of sovereignty: the power of protecting the nation from the intrigues and conspiracies of dangerous aliens who may have introduced themselves into the bosom of our country, seems to be of the class with those necessarily delegated to the general government: security to the union from their wicked machinations, cannot otherwise be ensured, and this security is essential to the common good. The means of obtaining intelligence of their plots are in possession only of the general government, nor can any one state do more than repel them from its territory—their right of residence is not unfrequently provided for in treaties, and treaties can only be formed or dissolved by the general government. If in the act of removing them, unjustifiable injuries be committed, reparation is demandable by the sovereignty of their nation.
The reparation is demandable, not from state, but from the United States' government.—All America, therefore, is interested in the manner in which this power shall be exercised, and would consequently choose to place it in the hands which all America chooses and controuls.
In conformity then with the general theory of our government, the power of protecting us from the conspiracies of aliens should be associated in the same hands with the nation, and the general power of protection from hostility of every kind. Yet it is admitted, that if in the formation of our constitution, a different arrangement is made, that arrangement, however inconvenient, must be sacredly obeyed till constitutionally changed.
It behoves us, however, to satisfy ourselves completely in this interesting point.
The government of the United States is undoubtedly limited as to its objects, however it may be as to the means of obtaining those objects.—It possesses only delegated powers, and it is proper to enquire whether the power now under consideration be delegated or not. It is necessary in pursuing this enquiry, to bear in mind that we are investigating a constitution which must unavoidably be restricted in various points to general expressions, making the great outlines of a subject; and not a law which is capable of descending to every minute detail.
If we construe the former by rules strictly applicable to the latter, the power of fortifying our ports and harbours might well be questioned; nor could the utility of the clause authorizing Congress to make all laws necessary and proper for carrying into execution all powers vested by the constitution in the government of the United States, or in any department or officer thereof, be readily pointed out.—It would be difficult too to assign a reason for omitting in the 12th amendment in our constitution, which is evidently copied from the second article of the ancient confederation, the very material word expressly . That article of the confederation, and the amendment of our constitution, were designed as a plain and explicit admission of the principle, that the powers not delegated are retained. In the confederation, all powers not expressly delegated are retained; but in the amendment this very operative word is wisely omitted.
In reviewing then our constitution to decide on the powers vested for general purposes, in our general government—we must examine the whole paper—we must examine it fairly, but liberally.
Congress has power "to declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water."—To make reprisals is a power distinct from, and which not unfrequently precedes war; as a branch of this power, those members of Congress who are decided in their declarations against the alien law, united in 1794, in support of the bill for sequestering British property. But reprisals may be made on the persons as well as the property of aliens; and as sequestration is the exercise in an inferior degree of the general power of reprisal on property, so may the removal of aliens be considered as the exercise in an inferior degree of the general power of reprisals on persons. If the whole power of reprisal be delegated, the particular degree or manner in which it shall be exercised, is a question of political discretion, and not of constitutional authority.
Congress has power "to define and punish piracies and felonies, committed on the high seas, and offences against the law of nations."
By the law of nations, or by particular treaty an alien requires a right of residence in a country at peace with his own, and it is an offence against that law, to become dangerous to the peace and safety, or to be concerned in any treasonable or secret machinations against the government of the country in which he resides. These offences Congress may both define and punish .

Congress may call forth the militia, "to suppress insurrections and repel invasions"—and further, "the United States shall guarantee to every state in the Union a republican form of government, and shall protect each of them against invasion."
By this latter clause, something further was intended than merely to repel invasion. Invasion actually made is to be repelled, and for that purpose the militia may be called out. But Congress is to do more than merely to repel actual invasion. This power having been granted in the 3d section of the first article, the constitution, in the fourth section of the fourth article, gives the additional power, and makes it the duty of Congress, to protect each state against invasion. To protect against an evil, includes the right of taking proper and necessary steps for its prevention. Of these proper and necessary steps, the government, possessed of the power, must judge. To cause to depart from our territory the individuals of a nation from whom invasion was apprehended, is most obviously a measure of precaution dictated by prudence, and warranted by justice. It appears then to be fairly deducible, from the theory of the constitution, and from a correct view of its particular parts, that the power of protecting the American commonwealth against dangerous aliens, whether dispersed through the interior of our country, or embodied in arms against us, is an existing efficient power placed with all others necessary for the common safety in the only hands which can bring it into complete and beneficial operation.
2d. The exercise of this power is supposed to have been suspended until the year 1808, by the 9th section of the first article of the constitution.
The words are, "the migration or importation of such persons as any of the states now existing shall think proper to admit, shall not be prohibited by the Congress prior to the year 1808; but a tax or duty may be imposed on such importation, not exceeding ten dollars for each person."
This is obviously designed as an exception to some given power. It would be extravagantly absurd to restrain until the year 1808, the exercise of that power which could not be exercised after that year. Whatever then is suspended by the article just recited, was considered as an existing thing on which the suspending clause could operate. It is the importation and migration of such persons as any of the states then existing should think proper to admit. But for this clause, then, it would be in the power of Congress to prohibit the migration of aliens into the United States. It will not be easy to find in the constitution a grant of power competent to forbid their entry, which is not equally competent to forbid their continuance in our country. But while this clause furnishes a strong argument in favour of the general power of Congress over the subject, it is necessary to show that the exception to that general power which it specifies, does not so modify it as to exclude us to the machinations of aliens, who, in our bosom, may be conspiring our destruction.
To forbid indiscriminately the admission of certain classes of persons, and to order individuals of those classes to depart when they become dangerous, are certainly two distinct acts, which may be performed separately, and which do not necessarily interfere with each other. This cannot be questioned—but it is said that the power of ordering suspected aliens to leave our country may be so used as to destroy substantially the power of tolerating their migration; and it is granted that it may be so used: but the possibility of abusing a principle is never supposed to be a correct argument against the power of retaining it, nor can it be admitted that the possibility of extracting the last shilling from the purse of every individual, is a sufficient objection to the existence of the power of taxation. The right of ordering aliens to depart from the United States is confined to those who are deemed dangerous; and such a construction of the law as would substantially deprive the states of the benefits resulting from the migration of such persons as they might think proper to admit, would be a perversion, and not an execution of it.
It may also be said with respect to Virginia, that she has not chosen to admit the migration of such persons as the alien law enjoins to depart. No law of this state authorizes the migration into it of persons of the description comprehended in the act of the United States; on the contrary, our laws expressly authorize the executive to apprehend and secure, or compel to depart this commonwealth, all suspicious persons, being the subjects of any foreign power or state, from whom the President of the United States shall apprehend hostile designs against the said states. If then the power of ordering certain persons to depart is to be connected with that of admitting their migration, the state of Virginia does not admit, but excludes from her territory, all those who are contemplated by the alien law.
3dly. This law is also objected to, because it unites legislative, executive and judiciary powers in the President of the United States.
Legislation is the act of making or giving laws: Congress therefore in making this law performed the part of the legislature, nor is there any thing legislative in the execution of it. If indeed Congress by itself, or perhaps by commissioners appointed by itself, had executed the law, the charge would have worn some semblance of truth: but the commission of the execution of this law to the person charged by the constitution with the execution of all the laws of the union, is certainly in itself unexceptionable.—Nor does this act transfer to the President powers belonging properly to the judiciary. It does not involve a decision that its object has committed a crime. It is a measure of general safety, in its nature political, and not, forensic, the execution of which is properly trusted to the department which represents the nation in all its interior relations. Every law, in its execution, requires
some judgment, but the execution of the law is not on that account judicial.
4th. This act deprives the alien of his right to trial by jury. To this extraordinary allegation, it has again and again been answered, that this is a measure of preventive and not of punishing justice—who would require that a jury should be empanelled, in order to decide whether a nation had or had not cause to suspect a particular alien of dangerous designs against its peace?—who would require that the President should unfold to juries throughout the United States all the intelligence he may have received, perhaps from persons within the reach of those employing the aliens, and which establishes in his mind the reality of the danger to be apprehended?—Certainly a vested right is to be taken from no individuals without a solemn trial, but the right of remaining in our country is vested in no alien—He enters and remains by the courtesy of the sovereign power, and that courtesy may at pleasure be withdrawn.—That Virginia considers the two last objections groundless, is demonstrated by her own act on the same subject. By the second section of the sixty-second chapter of our laws, it is enacted, that "it shall and may be lawful for the governor, with the advice of the council of state, to apprehend and secure, or cause to be apprehended and secured, or compelled to depart this commonwealth, all suspicious persons, being the subjects of any foreign power or state, who shall have made a declaration of war, or actually commenced hostilities against the said States, from whom the President of the United States shall apprehend hostile designs against the said States; provided information thereof shall have been previously received by the executive from him. And in all such cases the governor, with the advice of the council of state, shall, and he is hereby empowered, to send for the person and papers of any foreigner within this state, in order to obtain such information as he may judge necessary."
If the alien law of the United States be an union of legislative, executive and judiciary powers, so is that of Virginia; if one is unconstitutional by depriving an alien of trial by jury, so is the other. This is a question entirely separated from the power of the different governments; because the provisions of the one constitution, are in these respects as explicit as those of the other. This act of our legislature was not passed hastily or inconsiderately.—It was originally enacted in 1785, under the auspices of some of the most zealous opposers of the powers of the act of Congress.—It was revised, corrected, and reported by the judges and others appointed to collate and digest all the laws of the state. It was then re-enacted in 1792.
Never during this investigation, and re-investigation, did it occur to a single individual, that to order an alien to depart the commonwealth, first on the suggestion of Congress under the old confederation, and afterwards on the suggestion of the President under our improved constitution, united legislative, executive and judiciary powers, or deprived an alien of a trial to which he was entitled, viz. trial by jury.
That this measure should originally have been suggested as necessary for national safety; that it should have been preserved through a long course of reflection; that it should be deemed free from the objection of uniting the powers of different departments in the executive, as also an act of driving an alien from his residence without a trial by jury, and yet that it should for the same causes produce a ferment in some states, as soon as the principle was adopted by Congress, might warrant reflections which we will not permit ourselves to express.
The act entitled, "An act in addition to the act entitled, "An act for the punishment of certain crimes against the United States," and which is commonly called the sedition law, subjects to a fine not exceeding two thousand dollars, and to imprisonment not exceeding two years, any person who shall write, print, utter or publish, or cause or procure to be written, printed, uttered or published, any false, scandalous, malicious writing or writings against the government of the United States, or either House of Congress of the United States, or the President of the United States, with intent to defame the said government, or either House of Congress, or the said President, or to bring them, or either of them, into contempt or disrepute, or to excite against them, or either or any of them, the hatred of the good people of the United States, or to stir up sedition within the United States, or to excite any unlawful combinations therein for opposing or resisting any law of the United States, or any act of the President of the United States, done in pursuance of such law, or of the powers in him vested by the constitution of the United States, or to resist, oppose or defeat any such law or act, or to aid, encourage or abet any hostile designs of any foreign nation against the United States, their people or government; the person accused is to be tried by jury, and may give in evidence the truth of the matter contained in the libel."
To constitute the crime, the writing must be false, scandalous and malicious, and the intent must be to effect some one of the ill purposes described in the act.
To contend that there does not exist a power to punish writings coming within the description of this law, would be to assert the inability of our nation to preserve its own peace, and to protect themselves from the attempts of wicked citizens, who, incapable of quiet themselves, are incessantly employed in devising means to disturb the public repose.
Government is instituted and preserved for the general happiness and safety—the people therefore are interested in its preservation, and have a right to adopt measures for its security, as well against secret plots as open hostility. But government cannot be thus secured, if, by falsehood and malicious slander, it is to be deprived of the confidence and affection of the people.—It is vain to urge that truth will prevail, and
that slander, when detected, recoils on the calumniator. The experience of the world, and our own experience, prove that a continued course of defamation will at length fully the fair reputation, and will throw suspicion on the purest conduct. Although the calumnies of the factious and discontented may not poison the minds of a majority of the citizens, yet they will infect a very considerable number, and prompt them to deeds destructive of the public peace, and dangerous to the general safety.
This the people have a right to prevent: and therefore, in all the nations of the earth, where presses are known, some corrective of their licentiousness has been deemed indispensable. But it is contended, that though this may be theoretically true, such is the peculiar structure of our government, that this power has either never been conceded to, or has been withdrawn from the legislature of the union.—We will examine these positions. The power of making all laws which shall be necessary and proper for carrying into execution all powers vested by the constitution in the government of the United States, or in any department or officer thereof, is by the concluding clause of the eighth section of the first article, expressly delegated to Congress. This clause is admitted to authorize Congress to pass any act for the punishment of those who would resist the execution of the laws, because such an act would be incontestibly necessary and proper for carrying into execution the powers vested in the government. If it authorizes the punishment of actual resistance, does it not also authorize the punishment of those acts which are criminal in themselves, and which obviously lead to and prepare resistance? Would it not be strange, if, for the purpose of executing the legitimate powers of the government, a clause like that which has been cited should be so construed as to permit the passage of laws punishing open resistance, and yet to forbid the passage of laws punishing acts which constitute the germ from which resistance springs? That the government must look on, and see preparations for resistance which it shall be unable to control, until they shall break out in open force? This would be an unreasonable and improvident construction of the article under consideration. That continued calumnies against the government have this tendency, is demonstrated by uninterrupted experience. They will, if unrestrained, produce in any society convulsions, which, if not totally destructive of, will yet be very injurious to, its prosperity and welfare. It is not to be believed that the people of the western parts of Pennsylvania could have been deluded into that unprovoked and wanton insurrection, which called forth the militia of the neighbouring states, if they had not been at the same time irritated and seduced by calumnies with which certain presses incessantly teemed, into the opinion that the people of America, instead of supporting their government and their laws, would join in their subversion. Those calumnies, then, tended to prevent the execution of the laws of the union, and such seems to be their obvious and necessary tendency.
To publish malicious calumnies against an individual, with an intent to defame him, is a wrong on the part of the calumniator, and an injury to the individual, for which the laws afford redress. To write or print these calumnies is such an aggravation of the crime, as to constitute an offence against the government, and the author of the libel is subject to the additional punishment which may be inflicted under an indictment. To publish malicious calumnies against the government itself, is a wrong on the part of the calumniator, and an injury to all those who have an interest in the government. Those who have this interest, and have sustained the injury, have the natural right to an adequate remedy. The people of the United States have a common interest in their government, and sustain in common the injury which affects that government. The people of the United States therefore have a right to the remedy for that injury, and are substantially the party seeking redress. By the second section of the third article of the constitution, the judicial power of the United States is extended to controversies to which the United States shall be a party; and by the same article is extended to all cases in law and equity arising under the constitution, the laws of the United States, and treaties made or which shall be made under their authority. What are cases arising under the constitution, as contra distinguished from those which arise under the law made in pursuance thereof? They must be cases triable by a rule which exists independent of any act of the legislature of the union. That rule is the common or unwritten law which pervades all America, and which, declaring libels against government to be a punishable offence, applies itself to and protects any government which the will of the people may establish. The judicial power of the United States, then, being extended to the punishment of libels against the government, as a common law offence, arising under the constitution which created the government, the general clause gives to the legislature of the union the right to make such laws as shall give that power effect.
That such was the contemporaneous construction of the constitution, is obvious from one of the amendments which have been made to it. The third amendment, which declares, that Congress shall make no law abridging the liberty of the press, is a general construction made by all America, on the original instrument admitting its application to the subject. It would have been certainly unnecessary thus to have modified the legislative powers of Congress concerning the press, if the power itself does not exist.
But although the original constitution may be supposed to have enabled the government to defend itself against false and malicious libels, endangering the peace, and threatening the tranquillity of the American people, yet it is contended that the third amendment to that instrument has deprived it of this power.
The amendment is in these words: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof, or abridging the freedom of speech, or of the press."
In a solemn instrument, as in a constitution, words are well weighed and considered before they are adopted. A remarkable diversity of expression is not used, unless it be designed to manifest a difference of intention. Congress is prohibited from making any law respecting a religious establishment, but not from making any law respecting the press. When the power of Congress relative to the press is to be limited, the word respecting is dropped, and Congress is only restrained from passing any law abridging its liberty. This difference of expression with respect to religion and the press, manifests a difference of intention with respect to the power of the national legislature over those subjects, both in the person who drew and in those who adopted this amendment.
All abridgment of the freedom of the press is forbidden, but it is only an abridgment of that freedom which is forbidden. It becomes then necessary, in order to determine whether the act in question be unconstitutional or not, to enquire whether it does in fact abridge the freedom of the press.
The act is believed not to have that operation, for two reasons.
1st. A punishment of the licentiousness is not considered as a restriction of the freedom of the press.
2d. The act complained of does not punish any writing not before punishable, nor does it inflict a more severe penalty than that to which the same writing was before liable.
1st. If by freedom of the press is meant a perfect exemption from all punishment for what ever may be published, that freedom never has, and most probably never will exist. It is known to all, that the person who writes or publishes a libel, may be both sued and indicted, and must bear the penalty which the judgment of his country inflicts upon him. It is also known to all, that the person who shall libel the government of the state, is for that offence punishable in the like manner. Yet this liability to punishment for slanderous and malicious publications, has never been considered as detracting from the liberty of the press. In fact the liberty of the press is a term which has a definite and appropriate signification, completely understood. It signifies a liberty to publish, free from previous restraint, any thing and every thing at the discretion of the printer only, but not the liberty of spreading with impunity false and scandalous slanders which may destroy the peace and mangle the reputation of an individual or of a community.
If this definition of the term be correct, and it is presumed that its correctness is not to be questioned, then a law punishing the authors and publishers of false, malicious and scandalous libels can be no attack on the liberty of the press.
But the act complained of is no abridgment of the liberty of the press, for another reason.
2d. It does not punish any writing not before punishable, nor does it inflict a heavier penalty than the same writing was before liable to.
No man will deny, that at common law, the author and publisher of a false, scandalous and malicious libel, against the government or an individual, were subject to fine and imprisonment, at the discretion of the judge. Nor will it be denied, that previous to our revolution, the common law was the law of the land throughout the now United States.
(For the remainder see last page.)
For the PROVIDENCE JOURNAL.
THE man who presumes to address the public on a subject which has been frequently urged in conversation, or discussed in the papers, must expect that little attention will be paid to him, unless he can furnish new ideas, or dress old ones in a new garb. Notwithstanding the difficulty of performing either of these tasks, the writer, impressed with the importance of his subject, wishes to enforce on the minds of his fellow-citizens the necessity there exists of some legislative provision being made for the establishment and support of public schools: And as the General Assembly of this State convene next week, he thinks the present the most proper time to propose the subject for public consideration.
This State, celebrated for its perseverance in any cause it undertakes, and remarkable for the vigour of its efforts, has never yet been led to exert itself in an affair where the good of society is more materially concerned, or where a neglect is and will be attended with more evil consequences.
Without a desire to wound the feelings of any man, or body of men, it is a notorious fact, that while our neighbours of Massachusetts, Connecticut and New-York, have made liberal provision for the maintenance of their common schools, we are left to deplore the want of public establishments, and to educate our children (I mean those who are educated) at twice the expense which would accrue from a general regulation.
This State ought to view itself as the great political parent of all its members, and reflect that by not attending to the early instruction of its youth, it is equally criminal with the natural parent who suffers his offspring to pine with hunger, or perish with want. To the plan of a general regulation and establishment of schools, it may be objected, that the resources of the state are inadequate to so arduous a task. To this it is answered, that the State is not so wholly exhausted, that ways and means cannot be found by which we may accomplish a purpose so truly useful and highly necessary. The appropriation of the whole, or a part of the monies raised by

concess, together with the sums which might be acquired by means of annual lotteries, would greatly contribute to a design than which nothing can be more laudable. To the latter expedient it will probably be objected, that lotteries have already become too frequent. But where (it is asked) have the objects of lotteries been of such general utility as the one proposed? In no one instance—and it is asserted, that, like Aaron's rod, it ought to swallow up the rest. But to enumerate other resources—We have with pleasure to recite that the State has a considerable sum due to it from the United States. The interest of that sum could not possibly be better applied than in supporting public schools.
It is a just observation, that "in republican governments the dissemination of knowledge is necessary to their existence"—and it is allowed that no country was ever yet enslaved, where knowledge and morality abounded. Historians, in tracing the decline and fall of republics, impute the causes to the general ignorance of the people, and a licentiousness of manners which made them indifferent to the cultivation of letters. Without advertting to past ages, the history of the western insurrection will abundantly prove, that where the means of knowledge are few, and where information is not generally circulated, the ignorant are easily imposed on by artful demagogues, who make them the engines by which they foment opposition to the laws of government, and obstruct the movements of the political machine.
If it is the duty of every community to provide for the helpless and infirm, it is no less an obligation to draw from obscurity the latent sparks of genius, and to furnish it with that intellectual food which will cause it to grow and flourish. The one is a duty which offers no reward but what arises from conscious rectitude—the other has a double advantage, as it will afford pleasure to the finer feelings of the heart, and reward the labour bestowed upon it with an abundant harvest.
Genius is certainly to be found as well in the cottage as the palace. The only difference between the one born in obscurity, and that which comes into the world under more favourable circumstances, arises from the difference of cultivation.—The more luxuriant the soil, the more danger of weeds—and it is by cultivation alone that we may hope for the best fruits, without a mixture of the worst.
If native talents are left to the guidance of passions, unrefined by education, it is more than probable the effects will be injurious to society—but where attention is paid to the cultivation of those talents, society may promise itself a rich reward. M.
European Intelligence.
By the armed ship Brothers , Capt. Henderson, arrived at Philadelphia from Lymington, we have received the following European advices.
LONDON, December 5.
A letter from Vienna has been received in town, written by a nobleman of the first rank, and very high in office, but who had opposed the system of war, from the beginning. It states, "that it is no longer possible to be at peace with the French republic, and that war, now become of absolute necessity, is decided upon."
According to private advices from Italy, we learn that the Neapolitan troops have entered the Roman territories. Nearly at the time that the Grisons entered the Valteline country, the king of Naples marched his troops to the frontiers of the Roman republic, and took possession of several Roman villages, in which offences have been established for the Neapolitan army.
If, as it is reported, the Emperor has retaken the Valteline from the Cisalpine republic (to whom it had been given by Buonaparte, though he had not the least right to bestow it) he may pour his troops whenever he pleases into the very heart of the Cisalpine territories, give his aid to the king of Sardinia, and attack the rear of the French army of Italy, while his forces in the Venetian States attack them in front. It is the finest position imaginable.
General Pichegru is gone to the continent, where he is to watch the progress of events; and if war should recommence, is to take an active part in it. He has declared most explicitly his wish of being independent, and desire to act in concert with foreign powers, but without being under their direction.
A short time previous to the commencement of the glorious engagement off the Nile, Sir Horatio Nelson desired the signal to be made for close action, NEVER, NEVER, NEVER to be hauled down!
The Captain of the Belerophon being wounded, and three lieutenants killed, her quarter deck was for a short time left with only a little boy, an officer's servant, upon it. This little hero, however, kept squeaking to the men on the main deck, "Fire away, fire away; never fear, we shall beat them yet—Fire away, my boys; never fear." In this situation was he found by the officer whose duty it became to assume the command; and we doubt not but the boy has received that notice to which his spirit so eminently entitles him.
The French are said to have demanded from the Dutch a sum equal to 1,800,000. sterling, to enable them to defray the expenses incurred by the rebellion in Belgium.
Capt. Ryder, of the Weymouth man of war, who arrived a few days ago in England from the Mediterranean, states that he spoke the Powerful man of war, Capt. O'Brian Drury, in Gibraltar bay, who informed him that advices had been received at Gibraltar from Tetuan, on the coast of Barbary, with the important information, that the Captain Pacha, having under his command a large body of Turks, had attacked the French army in their intrenched camps near Cairo, and that a most bloody conflict ensued, which
lasted three days, during which a great slaughter ensued. It was reported that the French were driven from their encampments, but that the Turks lost 16,000 men. We give the above news as it was reported at Gibraltar, without vouching for its accuracy. Similar reports have also come by the last Lisbon mail.
The destruction of the French transports in the harbour of Alexandria, and the retreat of Buonaparte to that place, were mentioned in many letters received by the Colossus and the Lisbon mail, and particularly, we understand, in several letters from Lord Nelson to persons here, though no official account had reached his Lordship of the fact. We are happy in being able to say, however, that the account is very generally credited. The same accounts add, that Buonaparte had, in an action with the Mamelukes near Cairo, suffered a loss of 3000 men. December 6.
The attention paid to the protection of the Sussex coast has given rise to a report that an attack was meditated on the town of Brighton, last Tuesday, by an armament which had sailed from Dieppe for that purpose, but which was obliged to return in the evening, on account of the wind veering about directly against it. Whenever the enemy have a point of any magnitude to carry, their actions are seldom governed by considerations of prudence; but, desperate as many of their enterprises have proved, it cannot reasonably be supposed that they would risk the safety even of a few ships, in an attempt to injure a place, the destruction of which could produce no possible advantage to them, and which scarcely affords shelter to a common fishing boat. The military force now at Brighton and its neighbourhood consists of the Hampshire fencible cavalry and Northampton militia, commanded by Colonels Dracé and Brook, the volunteers by Capt. S. Dickens, and some marine fencibles.
Dispatches were received on Saturday from Gibraltar, where all remains well. The Spaniards at Algeciras continue to harass the shipping, and some few of their fleet had fallen within the garrison, though without doing any damage. Admiral Earl St. Vincent has taken up his residence at Mr. Maxwell's, the naval storekeeper's house, for a few weeks, to recruit his health, which has been somewhat impaired by the constant fatigue of service. The expedition under General Stewart had failed; several men of war are employed, in particular the Leviathan , and Centaur of 74 guns, Ulysses 44, Aurora and other frigates, having besides a complete corps of artillery, four regiments of foot, viz. the 28th, 42d, 58th and 70th, carrying an immense quantity of stores, field pieces, ammunition, shells, entrenching tools, &c. of every kind, but the particular place not mentioned. Admiral Lord Nelson's prizes, six in number, remained there, some of which, in particular Le Souverain People, of 74, had landed her guns, to prevent her sinking; Le Franklin , another fine 74, had received upwards of 400 shot-holes in her starboard side, and otherwise much damaged; one misfortune occurs, that they are too large to be hove down at Gibraltar.—Earl St. Vincent has his flag on board L'Aurora prison ship; and as the communication from before Cadiz is only a few hours, they have accounts from the fleet almost daily.
The premiums of insurance on neutral vessels, from the river to the Flemish or Dutch coasts, fell two per cent. during the last week, namely, from 81. to 61. per cent. to Sweden and Danish ports they advanced 11. per cent.
KING'S BENCH.
Serving Rules: on Sunday.
The question here was, whether a rule for an attachment could be served on a Sunday? After hearing Counsel on both sides, Lord Kenyon expressed much disapprobation of it. His Lordship said, he was not for mixing the transactions of civil life with the performance of religious duties, the observance of which it was incumbent on every court of justice, as far as in them lay, to enforce. The morals of the country, God knows, were lax enough already. But if the Court were to admit this to be done, they would have people running up and down the whole town, serving the rules of that Court on Sunday. His Lordship said, he was for enforcing the performance of religious duties on that day.
The Council moved, that the rule might be enlarged till the next term.—He said he would grant them no indulgence whatever.
From a Hamburg paper of December 17.
MILAN, Nov. 19. On the 15th inst. arrived here, Gen. Morcau, formerly commander of the army of the Rhine, to take upon himself the office of Inspector-General of the French infantry in Italy. Yesterday arrived Gen. Montrichard, commander in chief of the Italian army. Gen. Joubert left this city on the 17th inst. to inspect the several divisions of the army, and their positions. Previous to his departure he issued orders for all the Austrian officers to quit the territory of the Cisalpine republic within three days, and the city within 24 hours.
PHILADELPHIA, February 13.
The Schooner Retaliation (formerly Le Croyable ) captured by Captain Decatur, from the French, and since retaken by the French and carried into Guadalupe, anchored in the Delaware yesterday, under the command of Lieut. Bainbridge, of the United States navy.
The Retaliation has been sent out by the new French governor at Guadalupe as a carte blanche ; she is 24 days from Guadalupe, and 18 from St. Thomas', and brings about 80 American seamen.
We have heard it reported, and upon very respectable authority, that an agent from the governmental authority at Guadalupe arrived in the Retaliation ; and that he is possessed of full powers to treat with our government for an amicable and secure commercial intercourse with that island, upon the broadest principles of neutrality.
It is reported that this agent is authorized to restore the Retaliation to the United States, but upon this point we are not so well assured. An embargo had taken place at Guadalupe for 6 weeks, in consequence of a frigate sailing for France, with Victor Hugues a prisoner on board; and two brigs (carpels) sailed from that place in company.
The Journal.
PROVIDENCE, FEBRUARY 20.
The address of the Virginia Minority, inserted in this day's paper, deserves the attentive perusal of all our readers. This masterly performance, so honourable to its authors, and which must prove highly gratifying to the friends of peace and good government, we have given at full length. It is a high and just encomium on the government, and exposes the folly and wickedness of opposing salutary laws, and of risking a state of unexampled happiness and prosperity, for the sake of removing ideal grievances.
On Monday next the Hon. General Assembly of the State of Rhode-Island and Providence Plantations will convene at East-Greenwich, by adjournment.
In the House of Representatives of the United States, on the 7th inst. the Speaker laid before the House a report from the Secretary of the Treasury, inclosing statements of goods exported from the United States, by which it appears that the total amount of the value of our exports for the last year, ending on the 30th of September last, was 61,327,411 dollars, 33 millions of which, it is estimated, were of goods, wares and merchandise, of foreign growth or manufacture. Also, a statement of the tonnage of our shipping for the year 1797, which is, of
  Tons. 9ths.   Registered tonnage, 597,777 43   Enrolled and licensed do. 237,402 69   Fishing vessels, do. 41,732 73   Total, 876,912 85 
Of the above, it is found by returns, that 57,673 tons were built in the United States in the year 1797.
The increase in our domestic exports this year over the last is above two millions, which is owing to about 10,000 hogsheads more of tobacco having been exported this year, than the last.
The quantity of flour exported from the port of New-York during the first nine months of the last year (viz. from January to September, both inclusive) was 99,926 barrels.
We are happy to announce that a new school is established in this town, on the west side of the Bridge, in a very convenient room under the Meeting-House. It commenced about a fortnight since, and the number of pupils already amounts to upwards of 70; a promising circumstance to the preceptor, the Rev. Mr. Wilson, and flattering to the inhabitants who have put their children under his tuition. We wish every success to the undertaking, and are gratified to learn that newspapers are read, and make a part of the exercises.
Yesterday the Hon. John Brown, Esq. sat out on a journey to the State of New-York, in order to make the necessary arrangements for settling an immense tract of land there, which he has advertised for sale in this day's Journal.
Preparations are making in this town for a brilliant assembly, on Friday evening next, in honour of the birth-day of Lieutenant-General WASHINGTON .
DIED.
At Cheshire, Mrs. Sarah Jencks, consort of Mr. George Jencks, and daughter of Mr. Joseph Whipple, of Smithfield. This is the fifth daughter which Mr. Whipple has buried within 22 months. May the consolations of religion support him!
Port of Providence.
ENTERED.
Sloop Clarissa , Langford, St. Thomas'; sloop Friendship , Rutick, New-York.
CLEARED.
Ship Zenobia , Godfrey, New-York; sloop Lucy , Anthony, Charleston; Schooner Delight , Young, St. Thomas'; brig Aretusa , Smith, Savannah.
The ship Jay , Olney, of this port, was at Lisbon January 1st. The ship Merchant , Trail, has arrived at Boston from London. She failed with convoy, and had 39 days passage.
Capt. Langford, from St. Thomas', left it, the 1st inst. brings no marine articles of moment.
From the last Boston CENTINEL.
A gentleman from Martinico informs us, that an American fleet of eight sail had looked into Guadalupe, but had taken nothing; the French privateers being remarkably shy. Of the fleet was the Commander's ship of 44, the Constellation , 36, the George Washington , 24, &c. They had not heard of the Constitution .
Commodore Barry was at Martinico the 28th of January, reciprocating courtesies with the British Admiral Harvey; and perfect harmony subsisted between the officers of the two fleets.
Meteorological Observations.
   FEBRUARY, 1799. DAYS. HOURS. THERM.     TUESDAY. 12 1 45   8 35   WEDNESDAY, 13 1 37   8 39   THURSDAY, 14 1 35   8 34   FRIDAY, 15 1 33   8 27   SATURDAY, 16 1 13   8 22   SUNDAY, 17 1 24   8 29   MONDAY, 18 1 30   8 25  
State of Rhode-Island and Providence Plantations.
BE it remembered, that Mary Updike , of Providence, in said county, wife of Richard E. Updike , of said Providence, mariner, hath filed in the office of the clerk of the Supreme Judicial Court for the county aforesaid, her petition to said court, praying, for divers causes therein set forth, that a decree of divorce may be passed, dissolving the bond of matrimony now subsisting between her and her said husband.
Notice therefore is hereby given to all persons, to appear (if they shall see fit) at the next term of said court, to be holden on the third Monday of March next, to show cause, if any they may have, why the prayer of said petition should not be granted.
By order of court, PAUL ALLEN, jun. Clerk. February 16, 1799.
New LANDS.
THE subscriber having purchased the fee of a tract of 210,000 acres of LAND, near White's Town, in Herkemer county, State of New-York, which is laid out into eight townships; he this day sets off to obtain a more accurate knowledge, from the settlers in the neighbourhood, of the true value of said tract, and to have the necessary provisions carried on, while the sleighing lasts, to accommodate settlers who may go thereon the coming spring, and to have the same surveyed, and laid out into farms of half a mile square, say 160 acres each, so that each farm may adjoin a road of four rods wide. Having already agreed with about twenty-five men, by selling them part of said land very cheap, to go on and begin the settlement the ensuing spring, he wishes to agree with as many more, on his return home, as will make up from eighty to one hundred men, to begin the improvements early. It lies about one hundred miles west of Albany, and that country is filling with new settlers from New-England with such rapidity as has never before been known in any other part of the United States. All who wish to obtain for themselves and families good farms, at a moderate price, and to be accommodated with time for the payments, may prepare themselves to go on in April next, by which time the township in which the settlement may begin will be surveyed and laid out into lots, and I shall be ready to accommodate them with such quantities of land as the different situations of their families may require. The goodness of the soil in general in that vicinity is so well known, that no recommendation is necessary. I will only observe, that by good information 364 bushels of good wheat have been raised on 1/4 of an acre of land, in one season, and that two oxen and two cows were last summer kept so fat on only two acres of pasture land, that one of the cows, when killed in the fall, had 91 pounds of tallow. Good hay is now at five dollars per ton in the new settled towns in that quarter. There is scarcely an instance, among all who have removed into that country, of their circumstances not having been bettered, and every industrious man has become rich. A Mr. Phillips, who purchased a farm of 144 acres, at four dollars per acre, and improved it four years, has lately sold it for 30 dollars per acre, and purchased a large tract 40 miles further northward, at two dollars per acre, being to the northward of my tract, and far from any settlement.
By the 10th of March I hope to be at home, and ready to accommodate forty or fifty industrious men with good farms, on a long credit, at a reasonable price, or cheap for cash. JOHN BROWN. February 19, 1799.
THE subscribers wishing to establish a Mutual Insurance Company against Fire, in the town of Providence, on just principles, would request all those inhabitants who are desirous to forward such an undertaking, to meet at the Town-House, on Saturday the 24th inst. at three o'clock, P. M.
JOHN SMITH JAMES ABORN, EPHRAIM BOWEN, NATHAN WATERMAN, OBADIAH BROWN, S. M. February 20, 1799.
John Young
HAS FOR SALE,
At his Retail Grocery Store, In Westminster-Street, West side of the Bridge, BEST French BRANDY, Old Jamaica SPIRITS, West-India RUM —Cherry ditto, Holland GENEVA, Old Sherry,
WINES, of the first Quality;
Port, Lisbon, Malaga, Cacavilla, Tent, and Teneriffe London PORTER, Hylon, Souchong and Bohea TEAS, Nutmegs, Cinnamon and Mace, Loaf, Powder'd and Brown SUGAR, Cayenne, India Pepper and Mustard.
An assortment of Handsome China Cups and Saucers, A number of complete Sets for Tea, and other CHINA. Glas and Crockery Ware, assorted. Elegant jappan'd Tea Waiters, of different sizes; And many other articles in the Grocery Line, equal in quality to any sold in this town. February 20, 1799.
FLAX-SEED.
WANTED by the subscriber, two thousand bushels of FLAX-SEED, for which a generous price will be given.
SAMUEL BROWN.
Said Brown has for sale painters' colours, dye-stuffs, &c. of almost every description. He executes ornamental painting and gilding with accuracy and attention. February 13. (t.b.c.)
For Sale,
THE FARM on which the subscriber lives, in Plainfield, in Connecticut. It lies near the centre of the town, on the stage road from Providence to Norwich, containing about 200 acres. The buildings are good, the land fertile and pleasant, and the situation very healthy. It will be sold all together or in lots, as may best suit the purchaser.
He has also three very valuable JACK-ASSES for sale, raised from the Spanish breed in the country.
ELISHA PERKINS.
Plainfield, February 3, 1799. (t.b.c.)

(Concluded from the second page.)
We believe it to be a principle incontrovertible true, that a change of government does not dissolve obligations previously created, does not annihilate existing laws, and dissolve the bonds of society; but that a people passing from one form of government to another, retain in full force all their municipal institutions not necessarily changed by the change of government. If this be true, then the common law continued to be the law of the land after the revolution, and was of complete obligation even before the act of our Assembly for its adoption. Whether similar acts have been passed by the legislatures of other states or not, it is certain that in every state the common law is admitted to be in full force, except as it may have been altered by the statute law. The only question is, whether the doctrines of the common law are applicable to libels against the government of the United States, as well as to libels against the governments of the particular states. For such a distinction there seems to be no sufficient reason. It is not to a magistrate of this or that description that the rules of the common law apply. That he is a magistrate, that he is clothed with the authority of the laws, that he is invested with power by the people, is a sufficient title to the protection of the common law. The government of the United States is for certain purposes as entirely the government of each state, chosen by the people thereof and clothed with their authority, as the government of each particular state is the government of every subdivision of that state; and no satisfactory reason has been heretofore assigned, why a general rule, common to all, and punishing generally the malicious calumniators of magistrates, should not be as applicable to magistrates chosen by the whole, as to those chosen for its different parts.
If then it were even true that the punishment of the printer of malicious falsehoods affected the liberty of the press, yet the act does not abridge that liberty, since it does not substitute a harsher or severer rule of punishment than that which before existed.
On points so extremely interesting, a difference of opinion will be entertained. On such occasions all parties must be expected to maintain their real opinions, but to maintain them with moderation and with decency. The will of the majority must prevail, or the republican principle is abandoned, and the nation is destroyed. If upon every constitutional question which presents itself, or on every question we choose to term constitutional, the construction of the majority shall be forcibly opposed, and hostility to the government excited throughout the nation, there is an end to our domestic peace, and we may ever bid adieu to our representative government.
The legislature of Virginia has itself passed more than one unconstitutional law, but they have not been passed with an intention to violate the constitution. On being decided to be unconstitutional by the legitimate authority, they have been permitted to fall. Had the judges deemed them constitutional, they would have been maintained. The same check, nor is it a less efficient one, exists in the government of the union. The judges of the United States are as independent as the judges of the state of Virginia, nor is there any reason to believe them less wise or less virtuous. It is their province and their duty to construe the constitution and the laws, and it cannot be doubted, but that they will perform this duty faithfully and truly. They will perform it unwarmed by political debate, uninfluenced by party zeal. Let us in the mean time seek a repeal of any acts we may disapprove, by means authorized by our happy constitution; but let us not endeavour to diliminate among our fellow citizens the most deadly hate against the government, on the preservation of which we firmly believe the peace and liberty of America to depend, because in some respects its judgment has differed from our own.
Various other points are noticed in the address, alike calculated to excite your resentment and provoke your resistance. Seriously do we regret the expression of such sentiments by a body so respectable.
some mode more consonant to the American character might not have been adopted, producing the same end, yet we do assert that the mode adopted was the result of much labour, and much investigation, and that it received the constitutional sanction. From this we infer that acquiescence in, and support of the system, is the proper conduct of every good citizen.
Added to these original debts, has been the vast expense of defending Kentucky and the western frontiers from the Indian enemy, and the establishment of government in the north and south-western territories.
At present, the defence of the United States claims money, and their defence cannot but swell considerably the public demands. The stake is our all—and to save his all, who would begrudge a part?
But we derive great consolation in reminding ourselves of the following facts:—Our resources are vast, are annually increasing, are managed with ability, and disbursed with integrity. That they are applied to promote the people's good, only consonant to their intention, and by their chosen servants—That the choice of our functionaries recurs as usual, when the faithful servant will receive his reward, and the unfaithful be ordered to depart—That we are a great, powerful and independent nation—and that the safety and happiness of such a people cannot be promoted without proportionate supplies of their money—That the weight of taxation in the congressional system falls almost entirely on the rich—That the capacity to pay arises in proportion to our security from abroad, and our tranquillity at home—That the preservation of peace is as it has been, our constant desire, to prevent the interruption of which our government has ably and perseveringly struggled—That war, in defiance of all our endeavours, impends over our heads—and that to avert its calamity, we must be prepared to meet it like men.
Continuing to confide in our government—continuing to regard union as the rock of our political salvation, and the constitution as the means of its preservation—continuing to prefer a state of peace without dishonour, we will not turn from the perils of war with a degraded name, but like our fathers will be ready to risk life and fortune; expecting from the timely exertions of our government, to be enabled to meet any and every enemy on equal terms.
TO BE SOLD,
A Good FARM, pleasantly situated in the south part of Smithfield; containing about 156 acres of land, including a valuable cedar swamp within half a mile of the premises: A dwelling-house, barn, and corn-crib near the centre of the improvements; well proportioned with pasture, orchard, meadow, and tillage land; a plenty of timber, and the farm well watered; two saw mills, two grist-mills, a fulling-mill, and a blacksmiths' shop, within half a mile of the premises, with many other good advantages. It will be sold on reasonable terms, and the pay made easy, if applied for soon. For terms, apply to the subscriber, on the premises.
JOHN WINSOR.
Smithfield, Feb. 13, 1799.
For SALE, by
Benjamin & Edward Aborn, At their STORE, one door North of the Long Wharf, 250 barrels of Menhaden FISH, put up late last fall, and in good shipping order. A few hogheads Tobago RUM.—Rock and Turk's Island SALT, by the quantity—and TURPENTINE, by the barrel or quantity. They want to purchase, Sweet Cider, good Cheese, & Potatoes. They have to Let, One half of their STORE, which can be made convenient either for Wholesale or Retail business.
Feb. 6, 1799.
Benjamin Thurber,
At his shop, nearly opposite the Episcopal Church, at the sign of the BUNCH OF GRAPES, offers for sale a very good assortment of English, India, Scotch and other GOOD S:
AMONG WHICH ARE, A NEAT assortment of coloured tas-tas, lute-strings, fashions, persians, modes, and some new fashioned silk; also straw bands for ladies hats, black girdles and clasps, long and short womens' kid gloves. Newest fashioned dark and light ground patches and chintzes, black russel, moreens of all colours, neat morocco and cloth shoes, broadcloths, durants and baizes, tambour muslins, mulinets, dimities, and a variety of good laces of the newest fashion; ladies' hats, childrens' fur hats, elegant shawls, waistcoat patterns, best fleece cotton, nankens and nankeneets, some neat muffs, furs and ermines.
Spanish float and French indigo, warranted; brass kettles, warming pans, London and Bristol pewter, knives and forks, shovels and tongs, coffee-mills, candlesticks, an assortment of looking glasses, Delf, China and glass ware, iron hollow ware, cart and waggon boxes; clover seed, herdsgrass, red and bent seed, meal and awn flees.
West-India Goods, oranges, lemons, raisins, figs, tamarinds, and many other articles, too tedious to mention. The whole will be disposed of at a low advance.
All old friends and new customers are desired to call and see for themselves.—I daily expect a fresh supply of goods from New-York and Boston.
Jan. 30, 1799. 6w.
By Authority.
WHEREAS, by an act of Congress passed on the 16th day of July, in the year of our Lord one thousand seven hundred and ninety-eight, the President of the United States is authorized to borrow on behalf of the United States, from the Bank of the United States, or from any other body or bodies politic or corporate, or from any person or persons, and upon such terms and conditions as he shall judge most advantageous for the United States, a sum not exceeding five millions of dollars; so, however, that no contract or engagement be made which shall preclude the United States from reimbursing any sum or sums borrowed at any time after the expiration of fifteen years from the date of such loan: And whereas it is declared by the said act, that so much as may be necessary of the surplus of the duties on imports and tonnage beyond the permanent appropriations heretofore charged upon them by law, shall be pledged and appropriated for paying the interest, and also for paying and discharging the principal sum or sums of all the monies which may be borrowed, according to the term or terms which may be fixed, pursuant to the authority aforesaid: And whereas by the said act, the faith of the United States is pledged to establish sufficient permanent revenues for making up any deficiency that may hereafter appear in the provisions before mentioned for paying the interest and principal sums, or either of them, of any monies which may be borrowed pursuant to the said act: And whereas the President of the United States did, by an act or commission under his hand, dated the ninth day of January, in the year one thousand seven hundred and ninety-nine, authorize and empower the Secretary of the Treasury to borrow, on behalf of the United States, any sum, not exceeding in the whole five millions of dollars, and to make such contract or contracts as should be necessary, and for the interest of the United States, in pursuance of the act of Congress above recited:
NOW THEREFORE, the undersigned, Secretary of the Treasury, in pursuance of the act of Congress, and the authority from the President of the United States, above mentioned, doth hereby, on behalf of the United States of America, contract and engage in manner following, to wit:
1st. A book for receiving subscriptions to a loan of five millions of dollars, for the use of the United States, shall be opened in the city of Philadelphia, at the Bank of the United States, on Thursday the twenty-eighth day of February ensuing; which book shall continue open, for the purpose of receiving subscriptions, until the whole of the said five millions of dollars shall be subscribed. If more than five millions of dollars shall be subscribed on the first day of opening the said loan, the surplus shall be deducted in proportion to the sums subscribed by individuals, exceeding four thousand dollars.
2d. For every hundred dollars which may be subscribed, there shall be forthwith deposited and paid the sum of twelve dollars and fifty cents—and like payments of twelve dollars and fifty cents shall be made within the first ten days of the months of April, May, June, July, August, September and October ensuing. The Secretary of the Treasury however reserves the right of reducing the number of instalments, by special agreements with the individuals who may become subscribers.
3d. On the failure of payment of any instalment of the sums subscribed according to the tenor of the second article, the next preceding instalment of twelve dollars and fifty cents, which shall have been paid, for every hundred dollars subscribed, shall be forfeited to the United States.
4th. The sums subscribed shall and may be paid to the credit of the United States, at the Bank of the United States, or at the offices of discount and deposit of the said Bank at Boston, New-York, Baltimore or Charleston, or at either of the Banks of Salem, in Massachusetts; Newport and Providence, in Rhode-Island; Hartford, in Connecticut; Albany, in New-York; or Alexandria, in Virginia; for which payments, the receipts of the Cashiers of the offices of discount and deposit, and of the Banks aforesaid, shall be received at the Bank of the United States as equivalent to money; but no payment of a subsequent instalment shall be received at any other place than that where the first instalment was paid, except at the Bank of the United States: in case any deposit shall be made at the offices of discount or deposit, or at either of the Banks aforesaid, which shall not be applied to the payment of the first instalment of subscriptions to the loan aforesaid, the said deposits shall be forthwith refunded by directions from the Treasury.
5th. For the sums or number of shares of one hundred dollars, which may be subscribed, certificates shall be given by the Cashier of the Bank of the United States, which shall be assignable by indorsement, and delivery of the parties in whose favour the said certificates may be issued, until the completion of the payments required by the tenor of the 2d article preceding.
6th. The sums subscribed and paid in pursuance of the tenor of the second article preceding shall, after the said payments have been completed, constitute a funded capital stock, divisible into shares of one hundred dollars each, which capital stock shall bear interest at the rate of eight per centum per annum from the times fixed for the payment of the respective instalments, payable quarter yearly at the Treasury of the United States, or at the Loan-Offices where the same may stand credited, until the last day of December, in the year one thousand eight hundred and eight.
7th. After the last day of December, in the said year one thousand eight hundred and eight, and after reasonable notice to the creditors, which shall be given by an advertisement in some public newspaper, printed at the seat of the government of the United States, the said capital
stock shall be redeemable at the pleasure of the United States, by the reimbursement of the whole sum or sums borrowed, and which may constitute the said capital stock, either at the Treasury of the United States, or at the Loan-Offices where the same may stand credited.
8th. The credits for the said capital stock shall and may be separately certified in sums either for one hundred, four hundred, one thousand, four thousand, or ten thousand dollars; and the credits so certified shall be transferable by the creditors, or their attorneys, at the Treasury and Loan-Offices respectively, in pursuance of the rules which have been or which may be established relative to the transfer of the funded stock of the United States.
9th. A sufficient sum of the surplus of the duties on Imports and Tonnage, beyond the permanent appropriations heretofore charged upon them by law, together with the faith of the United States, are hereby pledged for the fulfilment of this contract, in pursuance of and according to the terms and conditions of the act of Congress herein before recited.
Given under my hand, and the seal of the Treasury of the United States, at Philadelphia, this twelfth day of January, one thousand seven hundred and ninety-nine.
OLIVER WOLCOTT, Secretary of the Treasury.
NEW AND FASHIONABLE GOODS.
Samuel Ames
HAS JUST OPENED FOR SALE, An assortment of calicoes and chintzes, muslins, mulinets and dimities; lute-strings and fashions, modes, fashions and tiffanies; Italian, crape and Rutland net gauze; silk, worsted and cotton hose; black and white silk gloves; long and short white and coloured kid gloves; a variety of plain and fancy ribbons; laces, edgings and fur trimmings; ferrets, tapes, bobbins and threads; pins and needles; fine and superfine broadcloths and cassimeres; fashionable cape velvets, rattinees, shalloons, rufels, durants, tammies, Irish linens and sheetings, fine and low priced India cottons, gentlemens and childrens fashionable fur hats, gilt, plated and steel coat buttons; ditto vest ditto, an assortment of thick woolen goods, with many articles of hard ware and other goods, too numerous for an advertisement; all which he will sell at reduced prices for cash.
Jan. 30, 1799. (gw)
I. P. Berson,
PORTRAIT PAINTER & DRAWING MASTER,
IN his way from New-York through this town, takes this method of informing the ladies and gentlemen of Providence, that he takes the most exact and striking likenesses, and intends painting some portraits in this town; for which purpose he has provided genteel and convenient rooms in the house of Mr. Martin Seamans, main street, where those gentlemen and ladies who wish either to have their portraits taken, or to see some of his performances, will be pleased to call, at any time in the day.
Those gentlemen and ladies who have a natural taste for drawing, who should wish to have any of their children taught in that fashionable and most useful branch of genteel education, so carefully attended to by all the respectable families of Europe, may find an opportunity of having them taught in this pleasing art; the subscriber intending to give instructions to a few private pupils during his residence in this town. And from the great practice and experience he has had in that line, which he taught for a long time in Europe, and for several late years in the first families both of Philadelphia and New-York; he flatters himself by his short method of explaining the rules of the art, to enable his pupils in a very little time to design with accuracy and elegance, and paint in water colours all kinds of subjects, useful to their various occupations, such as human figures, landscapes, flowers, ornaments for embroidery or tambouring, &c. The terms of tuition may be known by applying to him at Mr. Seamans' main-street.
Feb. 6.
State of Rhode-Island, &c. Feb. 4, 1799.
THE Creditors of Richard Lee, of Foster, in the county of Providence, labourer, are hereby notified to appear, if they shall think fit, at the General Assembly to be holden at East-Greenwich, on the last Monday of February instant, then and there to shew cause, if any they may have, why his petition for the benefit of an act passed in 1756, entitled "an act for the relief of insolvent debtors," ought not to be granted. By order, SAMUEL EDDY, Sec'y.
State of Rhode-Island, &c. Feb. 4, 1799.
THE creditors of William Horton, of Providence, in the county of Providence, Mason, are hereby notified to appear, if they shall think fit, at the General Assembly to be holden at East-Greenwich, on the last Monday of February instant, then and there to shew cause, if any they may have, why his petition for the benefit of an act passed in 1756, entitled "an act for the relief of insolvent debtors," ought not to be granted. By order, SAMUEL EDDY, Sec'y.
State of Rhode-Island, &c. Feb. 4, 1799.
THE creditors of Joseph Hendrick, of Smithfield, in the county of Providence, are hereby notified to appear, if they shall think fit, at the General Assembly to be holden at East-Greenwich, on the last Monday of February instant, then and there to shew cause, if any they may have, why his petition for the benefit of an act passed in 1756, entitled "an act for the relief of insolvent debtors," ought not to be granted. By order, SAMUEL EDDY, Sec'y.