Alexandria daily gazette, commercial & political. [volume] (Alexandria [Va.]) 1808-1812, 1811-03-09

grievances complained of by America against
Great-Britain, which produced our inlepen-
dence But the party in power will stick at
nothing.
In examining the several sections which are
to be enforced against Great Britain and her
dependencies, the subject will appear to be
much confused, and it mast be doubted whe-
Their those sections were ever examined by
any one of the party ; for otherwise, we
should presume they would have had sense
enough to have made the matter explicit
The sections provide that from and after the
twentieth day Of May next, ARTICLES, &c. and
shall not be imported, SC. The act now pas
sed, says, that the several provisions of the
enumerated sections shall have ,flN force and
be Immediately carried into effect against
Great-Britain, sc. Now what will the legal
construction of these words be? All penal
laws are to be construed liz favor Of the subject
or citlzen--thls is one principle. In the next
place, law cannot be retrospective, or be
made to punish host .fscto; this the constitu-
ton provides against. Neither can Il law be
valid which is contrary to the principles Of
reason and justice; as TO constitute q thing III.
nocent in itself, to be crime, before know
ledge could be had Of the existence Of the law.
A court of law therefore would say, that COLI
src.s could not intend that this Law should
operate otherwise than the literal meaning of
tie provisions of the sect;ons namely, that
from AID after the twentieth day Of May next,
dating from the passage CT this act. 4 differ
ert construction would he retrospective in
MANY instances which might happen, and very
unIust,i IS c2e"a.!ns before PRONUNCIATION.
fig5t, IS g al goods imported previous to the
passage Of TIE law, it would be retrospective
--and secondly, IS to Ill vessels sailing from
Grcat-Er;t..n or her dependencies, previous to
the laws being promulgated OF known there.
For, although tins act is il the title caiicd sup
Elementary, yet TIC criminality OF the action
Is made solely 20 depend On Itself witbou; re-
ference to any thing else, ard Is post. ex-.
ccpt OILY IN case the rcc@;3cac shori;i pre-.
''c't lis operation, u ISSUING proclamation
daclarvtive Of certain events. ,fhe event is
this; if Great Britain did rot, or TIE second
day Of February last, revoke her cdcts, sc.
and i, should be TO all le,s! iA.ents, considered
she did not, until the President shall declare
by proclamation otherwise it shall be
crime to import articles, &c. But when ,
not the articles already imported, or imported
previous to passing the act this would be re.
prospective ; nor until the law is known or
promulgated this would be unjust; but Il,
make it operate constitutional.y, and accord
ing to reason and justice, time prospective
must be established, which is completely done !
BY giving it the construction "that from and
after the twentieth day of May next" accord
ing to the literal sisniacation Of the words. !
For there can be but one way Of constituting
a law, and th;:t Must be ! general one, and 20
operate ii all cases alike. Now suppose an at
tempt WIS made tc make the operation Of this
act to depend upon the act to which it IS called
supplementary, n.to what a labyrinth would
court be led For then you must 60 into a
consideration of the validity OF the Presidents
proclamation, ami whether France had On the
first OF Nov. list Revoked or modified her
cdict2, SC IS .Lscy ceased to violate" our neu
tral commerce.; which it WAS clearly the m
tcntim Of congress to avoid. For it is very
clear by that act, ithe act OF May last) that
until France revoked or modified, G. Britain
were under 70 obligation to do SO within three
months, i'll order to make j: criminal to import
goods from thence and the present oil, goes
upon the supposition, a1l constitutes q crime.
which depends upcn no alternative; 10 Let
except her positively having revoked or mod
4: -.r .,,iicts pr;or 70 the second of FebrGe-