The gazette., 1799-03-11

forbid the paf &c Of laws Ppniihng acts which
conllJuie the germ from which reiitanee
iprings ? That the government mutt look on.
and Gee preparations for reiillance which It hal
be unable to conuoul. until they lall break
out in open force This would be an unTea
f,nable and lmprovident contribution OF The
,article under confederation. That continued
calumnies againa The government have this
tendency, /, demopitrated by uninterrupted ex-
perienee. They VIII, If unreitralned, produce
in any fociety convuiEons, which, # not totally
deaiuaive Of, will yet be very injurious 10, its
PROPERTY and welfare. 1t is not TO be believed
that the people of the wetern parts of Penn
fyIvauia could have been deiuded into that un-
provoked and wanton iufurreGion, which called
forth the militia Of the neghboring States, if
they had not been at the fame lime rritated
and leduced By calumnes with which certain
prsGes ineeRaatly teemed, into the opinion that
the people of America, inAead Of supporting
their government and their laws, would join in
sheir iilbverfian. 1'hofe calumnies, then, tecd-
ed TO prevent the execution of the laws Of the
n. ion, and fuch feems to be their obvious and
neceGary tendency.
To publlh malicious calumnies againlt an
Individual, with an intent to defame him, is
injury 60 the individual, for which the laws af
ford redrefs. To write or print thele calumnies
Is fuch an aggravation of the crime, as 70 con-
aitute an offence againR the government, and
the author Of the libel is fubjea 10 the sddi-
.ioaal puniihment which may be inflicted under
an indictment. To publih malicious caum-
nies again, the government ittelf, IS wrong
7. on The part of the calumniator. and an injuryto
II r k,f~, h.
nasnr. Thofe who have this interea. & have
futained the injury, have the ma ural right to
an adequate REMEDY. The people OF The Unit
ed Sta es have common intere6 in Fheir gov
erfment, & fultain IN common the injury which
afeas that goveFomeut. he people OF the
United States therefore have right to the re-
ine1y for that injury, and are inbtfantialy The
party feeking redrels. BY the fecond fettion Of
the third article OF the conlttution, the judicial
power Of the United States IS eatended TO con
troveties to which the United States lhall be a
party and by the fame article is extended to
ali cafes in law ana equity arifhg under the
conlitution, tn. laws of the United States, and
treaties made or which hall be made under
their authority. What are cafes ariiing under
the conaitution, as contra dittin8uitbsd tron.
rhofs which aIile under the law made in puriu
ance thereof They mutt be cafes triable BY
rule which exits independent OF any act Of the
leeiilature OF The union. That rule is the com
mon or unwritten law which petvades all A
msrica, aad which, decllriog lihels agalnit gov
ernment to be punilhable offence, applies IL
f.lf to and protects any government which the
will of the people may eitabliih. The judicial
power OF. the United States, then, being extend
ed 70 tie puniihment Of libels againa the gov
II.
der the contribution which created the govern
ment, the general claufe gives to The legllat1re
of the union he right 10 make fuch laws as fhal
sive that power etFed.
That fuch was the ccntenporaneous con
flrulion of the conaiiu,ion, is obvious from one
of the amendments which have been made &c
IL. The third amendment, which declares, that
Congrefs fhsll make no law abridging the Tibet
" Of the preis, is a general eonRrnaion made
BY all America, on the original inltrumcnt ad
mittrg its application TO the fobjeet: 1t would
have been certainly unne1edary thus to have
modified the Legislative powers Of Congrefs cen
ctrning the preis, if the power itlelf does not
exit.
But although the original conRitution may
be fnppofed TO have enabled the government TO
defend irielf ag4inl falfe and malicious lbels,
endangerirg the peace, & threatening the tran
guilty cf the American people, yet it is conten-
ded that the third amendment to that inltru-
ment has deprived il oftbis power.
The amendment is in thcfe words Con.
grefs lhall make no law refpsaing an efablifh
Inent of religion, or prohibiting the free exercfe
thereof, or ABSIDGISo the freedom Of fpeech,
or Of the preis."
In folemn inllrument, as IN a conGitulon,
words are we'll weighed and confdered before
they are adopted. A remarkable diverfity of
exprelion is not uied, unlels it be defgned to
nanifeh a difference of intention. ConErefs is
prohibited from making any law refpeeing
religions caabliihment, but not from making
any law refpeaing the prefs. When the power
Of fCongrefs relative to the Prels is to bs limited
the word refpe7ing is dropt, and Congreis is
. -.