Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1799-02-19

quiry purified farther. OF The the lame pin
ciples, viii terminate j, a coEviaicn. that 20 +,
much Of the Scdition Bili as relates 10 hbrls !
on the government, ortbs individuals belong |
ing to it, is not withn sl.e words or mean.
ing Of the Conaitu.ion. II will no. be laid
that the power of puniihing libsls is expreh-
ly given. Severa' oaeuces are enumerated
which may be deiined by the general govern
ment; but libels are not Included. If then
the power os puniihing libels is not express
" given, it cannot be exercised, ualeis it.can
be ihewn 20 BE- aeel1,Dy 10 carry lome :!lTen
powers into eifea. What is the power ex.
prefsly given. which is carried into e2e6t, or
sin auy fhape aided in It's operation, by the
power Of punifhing libeis. Plain as Gala
tin prepcunded il al the lat felton, TO The
advocates Of the Seei,ion Bill, with his ufusl
peripicuity vet neither the eloquencc of
Otis, nor the Ingenuity of Harper could be
ought to encounter it.
One cafe npr- viii completely illufratc the
dotsriisc here insiieated. In 1923 congrefs par
| fed law rar.,Sing with death psrfons concerned
M Icbbing the mail, or Healing letters from TIE
pof Office. If the enumerated powers of The
governueut be examined, il viii bs found that the
power TO Paf fpch law is not expressly gransed-
. ttli however i. is warranted BY tsc Ccnltution,
becaue IL Is neeeary 70 carry into cfect the gene
raj power exprefsy granted TO Congreis, TO era
, bhih pof Office, aud poit roads
The Poi,ion, that Congrefs can exercife no
power that isno, given expressly or by aseaGary
implication, tho maniiefly refi,lting from the
nature OF federal compact, aud fupported by everr
lair and rational contraction Of the connitu,ion
has, from exeels of caution, been expre!y recog-
| nized by The I1,h article Of che Amendments,
which declares, " that powers delegsted TO the
United Stafes by tSc contribution, prohitsd |
by II 70 the States, relervcd the iiases
ipeaively, or to the people"
Solid as the foregoing principle is. and folemn
as lis recognize has been by The people OF ap,eri
ca, it has been boldly denied by foe, and artfullg
evaded by Others Il has been Rrenuouly con- |
tended, that Congref, hid ps~sr adopt all mea-
fures which they might think conducive to the !
general welfare Mr.. S. from South Carolina
was the firf who openly proclaimed it as his OPT
| mon, that conaitutionalty and eSpediency were
convertible terms.
rnofc VINO advocate this do9rine, cn@eaveur to
vindieate their conduit by fefortng 10 the preani-
hlc, and TO the 9Th Section OF rhc frlt Article Of
the Contitution of the United States.
Bat before the Arguments drawn from theic
ources are notieed it proper obferve, that all
reafoning or any prop ofuon, may be redEced into
the form of fyloEilm; and if the FRI and le-
itsted, the decentralization fought for is obtained
and according TO all the rules OF logic, aRd the
| plain dictates of common fenie principles FEM
which deficient conciufon is deduced, cannot be
| true.
The proportion here maintained is, that 70
much OK the Sediiion Bin preforibes puniihment
Tor ibeis is not warranted 81 the Federal conai-
tuition.
To demoneraie this propoG,ior 70 be ,rne, I
have reeourie 10 the following iyiloslfni-
L. congrefs politics M power unlcis il be ex-
Preisly given, OF neceiTry 10 carry given power
into effect See the m al, and cd POftuiases.
Z. The power Of preieribing puniihnen, for
libels is not expressly given nor ncceaary carry
given power into ehea.
3. Coneuion. Therefore 70 much Of the Sedi-
ton Bill prclcribes PuDithment for bels, not
warranted by the Federal Contribution.
Upon principles of fair and logical reafoning,
thnie who advocate IL: con1ituSionality of the
Sedition Bill, mutt admit the concluGon here IA
Ted, unleis they the truth OF the fra or
feeond terms ofthe foregoing fyllogifm.
The truth Of the FRI term is eontroverted by
| forne on the ground of the preamble the Com
RitutiOn--the words are, q We the people o. tho
I" United States, in order to form more perfect
" union. eRabIifh juaiee, iniure doneGie tran
guilty, provide for the common defence, pro-
" mote tho general welfare, and fecure the blefs-
'' ings of Liberty to ourfeves and our Pohcrity,
" d, sriria and saa5i@ fJii Coyffut'on, for the u
" nited States OF America"
| From the language Of this preamble, it has been
ecntended, that Congrets have power, exprelsly
granted, to pats any laws which in their opinion
may tend 10 provide fc- the common defence, or
| promote the general welfare
| The fame inference has been drawn from the
9th Section Of the III article Of the Conatiuion,
which declares" that Congress malt have power
TO lay and collect taxes, duties, exefes, and i'm
potts to pay the debts and provide for the COM
mon defence and general welfare Of the United
" States.'t
| Arguments are fometirnes brought forward in
| difrui!iop, the refutaJion Of which requires more
Patenee than Hkill-of this dcfcription IS the ar
gument now hated.
/ As to the Preamble--1he fpecial reply 70 this
argument is, that the preamble to itatute or co-
Ai'ufion, which is the fuprcmc Astute, !, no part
Oft. This is not mentioned as principle Of COM
mon law, but principle Of common ieufe
a preamble lstes The general objects Of the law
ofthe contribution, and the articles which follow
Prelerih. the mears By which, and by which only,
the attainment Of thcfe objects IS TO be purified
the preamble can neither enlarge nor refrain the
body Of the act; il sin faei, nothing more than
declaration Of objects; the contribution or law, IS
specification Of means---the preamble 10 the
Contribution therefore iays in fubnance, We
" the people oithe United States in order 20 pro-
mote the general welfare, 10 srasis fJif Conli-
tution;"--thar is, " nc do ordain this CoDai-
II