Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1799-11-15
(Coaiiqred jf,or, ous paaer 2rFridy igq.l

(Coal;qped f,or oss paacr qrFridqy Agq.I
After having mentioned the in Gc9nal at
tempt which was made 70 repesl the alien
and feditiun laws, and given it Is your op-
MON that 1t nav be n.cefary 70 reGew the
alien a6, yen 20 or 70 fay, = hut thc iet;--
zion aet Is iels nsceiiary for there is no
doubt tina; every ching which it makes Pcual,
may be puniihei, With much more feveriJy,
/ by the common avg OF the land and It's on
/ y ule, was to declare rhat law, To render it
more generally known, and 10 refrain :; IN
Tome particulars, whete 1t was thought 20 90
too Far. By the common law, the courts
could hEe aud impriion, 10 any extent for
libels and perlons indicted for luch often
ces, could not plead the truth of the matter,
IN their deteace. BY the a6, the truth of
the matter may be pleaded; and the poscr
OF hne and imprisonment is reatiSted TO two
years and Two thoulsnd dollars, l5it lhouid
become necefary therefore TO reitors The
con1mon law, in this reipect, to rs ancient
rigour, the ad muit BE- futferss TO expire"
This con6der ac the moi glaring attempt
thai ever was made, by repreleniatiye, TO
deceive his conttituents. That there is no
iuch thing as a common law of the Uaited
States, and therefore that no tribunal OF the
United States was, prior TO the pslling oE
the Sedition aGf, authorized to punih any
thiug which it made penal by that part of
the act which concerns libeis, has, / think,
been proved in 2 satisfactory manner to the
candid and enlightened mind, By the eEclol-
ed publication And f there Is no &c COM
mon law of the United Sta es, ths at can
not as you irpPole it ought, be conhdsred
as declaratory act becs1le as Backbone
iays, " astues ALTO are either declara.ory of
the common law, or remedial of iomc detects
therein. Deelaratoy, where the old chi
jteul o. the kirg3om is almo2 faller into dii-
ule, or become dilputable, in ,eh'c: cafe the
parliament has though, proper, in ne p:tu-
urn RET teitimoHium, and for avoiding ali
doubts and difficulties, to declare what the
common law IS and ever hath been. Thua
the Hatntc OF treaions. y Edw. III. cap.
2 doth not make any new ipecies Of trealon;
but only for the benefit the fuhjc,. declares
and enumerates tholc feyersl kinds of often
ces, which before were trealons at the com
uon law" This aaiute Of Edward which
A
he ipeaks OF reads thus, 6. Whereas divers
cpinous have been before this time, in what
cafe trealon fhall be iaid, aud in what not,
the king at the requeit OF the icrds aud COM
mons, hath made declaration in the man
ner as hereafter follo4eth that is 70 fay"
&c. an tieie quotations there is as well an
explanation of the nature of decara!ory
act, as an example Of the manner ia which
Iuch acts are drawn. Ia iss nature il IS de-
ciaraiory ofthe common law and it is made
uie of, when the old cu.&om of the nation IS
almoit fallen into dilute, or become dilpata.
bic, which circumltoncc, In the opinion of
the parliament, made it proper to pcrpetnare
sl'r evidence of what the law VA, on that
iublsct and 20 avoid all doubts aud difficult
ties, it declares what the common law is, aud
ever hath been and the declaratory act IT,
lelf, fra itatea tho doubt, and then declares
how that doubt ought to Be cxpiajned.
When ~ recoEett that every part of the
common law Of England IS lGppoled % have
becn originally made law by aess Of pariia-
ment, although tbs acts themislyes cannot
now be PRODUCED, the propriety OF the par
iiament's pEsce ctiag BY way cF declaralory
| aet, is evident becauie the fan. Legislature
which mus haes originally paIed the AL
which was then lo6, declared by new act,
what the former one was aud having clear
right 10 legilate on tie lubie6t matter Of
that act, aud either 20 continue o. to alter
the law OF that lubje3, exerts It's power by
declaring what che law has been, is, and
mai continue to be and that the meaning
OF tic legislature may be clearly underitood,
70 BE- only 10 declare what the law Is, and
has been, and not 20 maxi new law: De
ciayalory acts are generally drawn ike ,he
act Of Edward. quoted above. How then
could you, with prophecy, FAY that the e..
di,icn law is a deolaratory act DID con-
greis PATS the original act rs(pe9ing fediti-
on, which is now loh Does il repreleut or
iland 10 the place Of as the rate legislatures
do, that legilsture which did pals il ? Is not
tae government Of which il conaiintes a part,
OF different nature, add formed tor purpo-
ies different from thole for which TIE rate
governments were formed Can The leei1a-
ture OF Psnntylyania pals Al sSt d.ciaratory
OF what is the common law in Mayisnd ,
And i this aGt is deciarstory of the COM
mon law OF one or more Of the as,cs. of
the lew Of which of them, 10 il de.laratury Z