The gazette., 1799-02-25


suader any treaty or law made in purluance
thereof-and all cafes Of admiralty and mara
time jurifGiaion and relating to I'll. law otna-
tions; wherever therefore Il becomes neceflary
to effect any Of the Objects defgnated, it is
p-rfedlE cnnIonant to all iul9 rules Of conRru6-
ion, TO infer, Jhat the uf al means and powers
necedary to the attainment Of that Object are
alfo granted but the ConttuIion has left no
occaGon to rlfort to implication for tbe(e pow
ers it has made an exprefs grant of them, in
the Sth iettion of the hra article, which ordains,
that Congrefs fhall have power to make all
laws which lhatl be necefary and proper for
carrying into execution the foregoing powers,
and all other powers veaed by the Confitution
in The government of the United States, or in
any apartment or officer thereof"
This contribution has eRablilhed Supreme
Court Of the United States, but has made no
Proviion for lis protection, even againf fuch
improper conduct ia is prefence, as might diff
turb their proceedings, unlels exprefed in the
1e6tioa before reciled but as no fatute has
becn paded on this iu jea, this protection is and
has bsen for nine years pat uniformly found in
the application Of the principles and ufages of
the common law. The fame protection may
unqueRionably be afforded by Ratute pahed
IN virtue of the before mentioned fe6tion, as
necefAry and proper for carrying into execu-
ton the powers veaed in that department.. A
contribution Of the different parts of the ConRi
luton, perfectly iua and fair, will, on analogous
principles, extend protection and fecurity againf
the offences in queRion, to the other depart
ments Of government, in dIlharge Of their ref
peGlive uufs.
The P7o(dent Of the United States is bound
by his oath, to prefe-ve, protect and defeod
the contribution" and it is expressly made his
duty, &" to take care shat the law be faithfully
executed - but this would be impra6icable by
any created being, if there could be no legal
reaTant Of thofe fcandalous Interpretations
Of his meafures and motives which dire6ly tend
to rob him Of the public con6lence. And e
qually imporent would be every other public
officer, IF thus left to the mercy IF the Sedi-
tous.
1t is holden to Be truth NOT clear, that the
important truRs before enumerated cannot BE
difcharged by the governmant to whom they
are committed, without the power TO refrain or
Puni(h fictitious practices and unlawful comb.
nations aganlt it1elf, and to prote6 the officers
thereof from a5uive Interpretations. Had
the ConaiutOn withheld this power, it would
have made tie government relpOnlible for the
elefs, without any controul over the caules
which naturally produce them, and would have
eGcntialy failed ef anfwering the great ends,
for which the reoPle Of the United States
declare, il tie frf claule Of that inlt umcnr, ;hat
they eGabiih the fame viz +" to form a more
perfca union, eRabli,h Iuaice, infure domeRic
tranquility, provide for the common defence,
promote III general welfare and iecure the
betiIrgs Of liberty to ourlelves and PoRrEity."
Sedtious practices & unlawful combinations
aga:nR the federal government or any officer
the eof, in the performance Of his duty, as well
as Scentioulnels Of freech and Of the prefs, were
punihable on the principles oGcommon law in
the courts Of the United States, before the act
in queRiou was padtd. This act then is an
amel;oration of that law in favour Of the party
accuied, as it mitigates the pumhmert which
that aulhoriles, and admits Of any inv1Rigation
Of public men and meafure5 which is regulated
by truth il is not intended to protea men in
Office, only as they are agents Of the people !
lis objca Is @ afford legal iecurity to public
Offices and truas, created Tor the fafety and
hapPinels of the people, & therefore the fecurity
derived from it, is for the benefit Of the people,
and is their right.
This contribution Of the contribution and of
the exiting law of the land, as we'll as the act
complained of, the Legislature of MaGachufetts
mott deliberately and firmly believe, refults
from Juf acd full view of the ieveral parts Of
that contribution and they conider that aa to
be wife and neceGary, as an audacious and
unprincipled fprit Of fallehood and abule had
been too long unremitJingIy exerted for the
PurPofe Of Pervering public opinion, and threa-
tened t3 undermine and detroy the whole fab
ric Of the government.
The Legislature further declare, That in
the foregoing fentiments they have exPreaed the
general opinion of their contituents. who have
not ONLY acquiefced, without complaint, in tho(e