The gazette., 1799-04-08

GFSiHs upon The e0eHiiatoaaGiy OF the A6fs # the
federal government that they conGder the
Acts Of COngiei, called the Alien AMI Sedition
Acts not only conittutionaE, but expcdien' and
necehaEy that the genuine liberty Of Sre-ch
and Of he Piefs is the liberty to utter and pub
lth tie truth but tie conRilutiunal right cf The
citizen to utter and pub'iih the truth, is not 10
be coniounded with licenlioufnels in fpeakin-
and writing, that il only employed n prcpagat-
ing fallhood ana 1Ander thar he freed M Of
the PreiS is iecurity for the ratoal ufs, and
and not the a5yE If lhe pref, Of which The
Courts, the Jnr.es end th- People ii judge:-
that they ccnGler the Sed ton Aa 10 be wife
and neeehary, as az audacious and unprincipled
iPirit cf ia,ihooi and abuf had been too long
uoremt5Ingly eHertsd for The PurP' r. If brvert-
fng Public Opiai' n, and threatened to under
mine the whole fabric of government.
Such are he fntiments exPrsfet By our Lee
8Iiiture, which met tie aPpr, baton Of the Sc
maze with one lIautent cnly) and Of gear
majority Of the Houle Of Repre- tri.e4.
Secrimeuts which viii bear the fevereR fcru-t
tinr' when I TrAtb u As gai1y, and LJnty ar
1Lje7,''
Yet thefe fentiments drew forth this LIBEL
Rated in tie Indictment in which thoGe Mem
bers Of the Legislature who voted Tor thoie
proceedings, are charged in efe6t, with having
violated the Oath OF Allegiance TO the C0m-
moawealth, and invited The Dyity to witnels a
ialhood--aIe compared to the r4bc,lious and
fallen Angels--denomnated Apoaates with
their faces in The dut, and declaring, Vile
the lame Of the fng,e difeutienL in he S,nate
will lie handed down to the l1teG generations
Of Freemen, with high reipef and gratitude,
the names Of Elrb (meaning be m4jorilies) who
have aiG ca asG.B-11uad % he Cunuitution Of
the United States viii rot above ground and
b. unGlyoury 10 the noR::ls Of eveCy lover Of
Republican freed m"
All this indecent and outrageous calum7y is.
poured forth upon them, bec4uf. As the author.
OF it ahlr,s, they ai,fkaiu for th mlelves as
members : the Legislature, and dry to al 9th
er Sta-es ID the Uuon, any ght to decide
on the conaitutionality Of any Ads of Con
gTefs."
If hey erred IN this opinion ofjadgmont, they
have already been followed by the lie III .tures
Of f-versl tate, and will probably be II, BY
great majority Of rhem, as th.y have an cPpor-
tgnty TO declare their lentiments upon the i4me
1ubie9
Bat however cenfureble The libel may he in
i(el, it cannot be more dangerous 70 TIE public
than the prcPa alton If the prnci-
Pies which have been advanced by your counfI
in your defence, and though th- channel of he
fame Prels, as we'll Lefo.e as fine the injia-
ment was found, viz. TIL II he makers, pr'n-
ters, or Publthers Of any libel, however fife,
fcandaouS,r fictitious, or tr=aon bic in its na-
ture, qvbicb Vaes through TIE Pref, cannot III any
manner be queaoned in a court Of Jaw be-
caule the Conairuuon Of the e mmcnwea tn
declares, :" the lber,y Of the Prefo is eG5ntial
to the fecurity Of freedom in Gate it ousht
not therefore to be rcfrainrd il this Common
wealth"
That the indictment being grounded not on
any aatute but the common law Of ENGLAND
only, ought not to "a fuPpo.ted as that law
had now no force or operation within the Unit
ed States that The common law was inconfilt-
ent vi h thole republican principles contemplated,
and avowed in our Contribution, and jnapplica-
bic to the genius and nature Of our govern
meRt. Such doctrines were unh=ard cr amene.
Us till Of late. They who have urged them
would deprive Us Of what we have long been
taught to cheIih as our birth right and beR
Inheritance. Indeed, without The aid Of the
common law, every Lawyer mua know il would
be imPraaicable to proceed in the diRribution
Of juaice, civil or criminal
SO ienlible were the Citizens Of the United
States of the truth Of this oblcrvlton, that
when forming their Contributions, they careful
", in almoR all Of them, ielured It's operation
70 far forth as their local cond i'm admitted,
unleis rePugnant TO their con0iturions
The Contribution If this Commonwea't In de-
clares All laws which have hsr-fotne been
adopted, u(sd and approved, ia the Province,
Colony, or State Of M4iiachuf-.ts Bay, and
Ofually Pra6iced on in HE courts of law, ihall
aiil remain and BE il full force prJil altered ar
repealed by the Legi1ature, inch parts only
excepted as are rePugrant to lie riGhIs and
liberties contained.in lLis conatattoI." CLAP