The gazette., 1799-03-11

confederation, aud afterwards on the fuggeaion
OF the Prehdent under our improved conaitu-
ton, united legi14tive, executive and judicial
powers, or deprived an alien of trial to which
ne was entitled, viz. trial byjury.
hat this mealure fhouid originally have
been inggelted as neceftry for national fafety;
that il ihonld have been prelerved through
long courfe Of rehedion thar il fliould be dee
med free from the objection of uniting the pow
ers OF different deoarrments in the executive,
as alto an aef Of d'iyiag an alien from his ref
dence without a trial By jury, and yet thar ir
lhould for the fame cauies produce ferment in
iome Gates, as foon as the principle was adopt
ed By CongFef, might warrant reflections
which we viii not permit ourlelves to ex-
prefs.
The act entitled, An af Ia addition TO the
aa entitled, San aet for the puaifhnoent Of cer-
tain crimes againa the United States" & which
is commonly called The fedition law, fubieas 20
a fine not exceeding two thouland dollars, and
to imprifonment not exceeding two years, any
Perton who fhall write, print utter or publifh,
or caule or procure to be written, printed, utter
ed or Pub.iihed, any falfe, fclndaloas, malicious
writing or Writings againA the government Of
The United States, or either Huur- of 6songreis
OF the United States, or the PreiJent If the
United States, with intent to dsfin@ the fatd
government, or either Ifoufe Of Cangrefs, or the
fad Prehdenr, or to bring them or either Of
them, INTO contempt or diiferu.e q, or to excite
aea'7t th.m, or either or any Of them, the hat
red Of the good people Of the United States ar
to FIR up fedition within lie United 81 ltes. or
to excite any unlawful combinations theroia Tor
oPPolng or refillIng any law of the Uaited
States, or any att Of he Prefdent IF the United
states, done IN Purluancs Of f1ch law, az Of the
powers IN him velled By the Confitdtion of the
United States, or to refa, oppole or defeat any
iuch law oraf, or to ai3, encourage or atet
any hottie defigns Of any 70 eign ration aeainG
the United States, their people or government;
the perlon accufed is to be tried by Jury, S nay
give in evidence the truth of the matter contain
ed in the libel"
To conilitu;e the crime, the writing NUT BE-
fa!le, icandalous and malicious, and The ntenr
mutt be 20 effect fome one Of The III Purpcfes De-
ioribed in the at.
To contend that there does not exia power
TO Puniih writings coming within the defcription
OF this law, would be to aa-rt the inability of
our nation to p-eierve its own peace, ard 70
proted thsmf-lves from the attempts Of wicked
citizens, who, incapable of quer themfe7es,
are ncelanily employed in deviGng means to
dilturb the public repoie.
Government is infituted and pre(erved for
the general happiness and fafety-the people
therefore are lnterelted in its prefervation, aud
have right to adopt rneafures for its fecurity.
as well againft fecret plots as open hoaili,y.-
but government cannot be thus iecured, If, By
faIfhood and malicious lander, it IS to BE depri-
we'd OF the confidence and affection Of the peo.
MI sc 4
and thar iander, when d9te6ted, recoils on The
calumnator- The experience Of the world,
aud our own experience, prove thar continued
courie ct defamation will At length funy the
taireit r4putation, and will throw fllfpicion on
the Puref conduit. Although the calumnics
Of The fadious and difcontented may not potion
the minds Of a majority Of the cidzens, YET
they viii infeG a very comfortable number,
and prompt them 70 deeds deRruaive cf the
public peace and dangerous to the general fAfe-
ty.
This the people have right to prevent
and therefore, il all the nations Of the earth.
where prtiles are known, fome corrective cf
their licentous has been deemed indispensable.
But it is contended, that though this may Be
theoretically true, fuch is the peculiar lru6turs
Of our government, that this power has eith.r
never been con6ded %, or has been Withdrawn
from the legilature Of the union.-We will
examine tileie petitions. The power Of making
I'll laws which thall be neceiEaty and prorerfor
carrying into execution all powers veaed by ihe
conaituton in The government Of tie United
States, or il any department Or oflicer thereof,
is BY The concluding claule of the eighth f.aion
Of the fri aiticls. expressly delegated " Con-
grels. This claule is admitted 10 authorize
Co9greIs to p Us any act for the pua.ibment Ut
thole who wculd redG the execution 81 The laws,
becauie irch IN act would he iRcon eai5ly ps-
ceiiaIy and proper for carrying into execution
The powers leGrd in the governmcnl. If it
authorizes tie pvnifhment OF aaual r-GAancs,
does i not alln anIhotie the pnnllhnent of thofe