aftcd in. 178^ under the suffices (if f'tnc »F themoft zealous opp ifersof the powersof the aft of cou^vtf^-; —It was revised, correfted, and reported by the judges and others ap appointed to collate and digest all the laws of the (late. It was then reena&ed in 1792. Never daring this investigation and re-in veftig'tion, did it occur to a (ingle indivi dual, that to order an alien to depart the common wealth, firft under the suggestion of congress under the old confederation, and afterwards on the suggestion of the Presi dent undsr our improved conft'tution, uni ted legifjative, executive, and judicial pow ers, or deprived an alien of a trial to which he wa6 entitled, viz. trial by jury. That this measure fbould originally have been suggested as necessary for national fafe ty, that it {hould have been preserved through a long course of refleftion, that it (hould be deemed free from the objeftion of uniting the p.iwers of different departments in the exacutive, as also an aft of depriving an ali en from his'refidence without a trial by ju ry, and yet that it (hould far the fame oau fes produce a ferment in some state», as soon as the principle was adopted by Congress, might warrant refl:ftions which we will not permit ourfclres to express. The ait enti led " An aft in addition to the ad intituled an aft for the pumlhme« of certain crime* ag/und the United States, and which i» commonly ealled the sedition law, fubjefts to a fine not exceeding twothou frfnd dollars and to imprisonment not excee ding two years any person who (hall write, print, utter, er publilh, or cause or procure to bejwritten, printed,uttered, p'ibliflied, any falfc, scandalous, malicious writing or writ tings against the government of the United State*,, or either houle of Congress of the United States, or the President of the Uni ted States, with intent to defanr.e the said government , or either house ©f Congress, or the said President, or to bring them, or either of them, into contempt ot difrepnte, erto excite against them, or either or any of them the hatred of the good people of the United States, or to stir up sedition within the Uni ted States or to excite any unlawful com binations therein for oppofirtg or refitting any law of the United State, or any aft of the President of the United States, done in pursuance of such law, or of the pnweri in him vetted by the constitution of the Uni ted State*, or to resist, oppose, or defeat any such law or aft, or to aid, eneourage, or abet any hostile designs, of any foreign nation a gain ft the United State*, their people, or government: the person accused is to be tri ed by jury, and may give in evidence the truth of the matter contained in the libel. To conftiiute tbe crime, the writing must be falfe, scandalous, and malicious, and the intent must be to effeft some one of the ill purpofo deferred in the aft. To contend that there does not «Jcift a power to punish writings coming within the description of this law, would be to assert the inability of our nation to preserve its own and to pYoteft themselves from the attempts of wicked citizens. wh*>, inca ble of quiet themselves, are inceffaßtly em ployed in devising means to dillurb tnt pub lic repose. Government is instituted and preserved for the general happiness and fafety—the people therefore are interested in its preservation, and have a rieflix to adopt measures for its fc curity, as well against lecret plots as open hostility. But government cannot be thus secured, if, by falthood and malicious slander it is to be deprived of the confidence and af feftion of the people. It is vain to urge that truth will prevail, and that flsnder, when detected, recoils on the calumniator. The experience of the world, and our own expe rience, prove that a continued course of de famation will at length fully the faireft repu tation, and will throw suspicion on the purest conduft. Although the calumnies of the taftious and discontented may not poison the minds of a majority of the citizens, yet they will infett a veiy confideraWle number, and prompt them to deeds deftruftive of the.pub hc peace, and dangerous to the general lafe- This the people have a right to prevent : and therefore, in all the nations of the earth ■where prefles are known, some correftive of their licentioufnef* has been deefned indifpen fi'ole. But it is contended, that though thit may be theoretically true, such is the pecu liar ftrufture of our government, that this power has either never been confided to, or has been withdrawn from the legislature of the union—We will examine these positions. The power of making all laws which (ball be necessary and proper for carrying into ex ecution all powers vested by the constitution in the; government of the United States, or in any department or officer thereof, is by the concluding cl&ufe of the eighth feftios of the firft article,' expressly delegated to congress. This clause is admitted to authorise congress to pass atiy aft for the punishment of those who would resist the execution of the laws, becaule such an aft would be inconteftibly necessary and properfor carrying into execu tion the powers vested in the government. 2f it authorises the puni(hment of aftual re finance, does it not also authorise the pun ifhment'of those rifts, which are criminal in •themselves, and which obvioufiy lead to and prepare resistance ? Would it not be strange if, for the piupofe of executing the legiti mate powers of the government, a clause like that which has been cited (hould be so ■construed as to permit the passage of laws punithing open resistance, and yet to forbid the pafiag'e of laws punishing afts which con stitute the gcrmfrom which resistance springs? That the government must look on, and fee preparations for resistance which it (hall he unable to control, until they (hall break out in open force ? This would b? an unreason able and improvident conftruftion of the ar ticle under consideration. That continued calumnies against the government have this tendency, is demonstrated by uninterrupted experience. They will, if unrestrained, pro duce in any fcciety convulfionr, which if Sot totally deftruftive of, will yet be very injurious to, its prosperity and welfar;. |t is not tQ be believed that the people of th' western parts of PetinfyHania could have been deluded into that unprovoked and wan ton infurreftion, which called forth the mi litia of the neighboring states, if they had not been at the fame time irritated and se duced by calumnies with which certain press es incessantly teemed, into the opinion that the people of America, in (lead of supporting their government and their laws would join in their subversion. Those calumnies then, tended to prevent the execution of the laws of the union, and such seems to be their ob vious and tiecefTary tendency. To publilh malicious calumnies against an individual with an intent to defame him, is a wrong on the part of the calumniator, and an injury to the individual, for which the laws afford redress. To write or print these calumnies is such an aggravation of the Crime, as to constitute an offence against the government, and the author of the libel is fubjeft to the additional punilhment which , may be inflifted under an indiftment. To publish malicious calumnies 1 against govern ment itfelf, is a wrong on the part of the calumniator, and an injury to "all those who have an interest in the government. Those who have this interest and have sustained the injury, have the natural right to an adequate remedy. Ihe people of the United States have a common interest in their government, andfuftainin common the injury which ;>f fefts that government. The people of the United States therefore have a right to the rempdy for that injury, and are fubftairtially the party seeking redress. By the 2d sec- of the 3d article of the constitution, the judicial power of the United States is ex tended to controversies to which the United States (hall be a party ; and by the fame ar ticle is extended to all cases in law and.equi ty arising under the constitution,' the lu\ys:of. the United States, and treaties madeor which (hall be made under their authority. What are cases arising under the constitution, as contra distinguished from those which arile under the law made in pursuance thereof ? They must be cases triable by a rule which exists independent of any aft of the legisla ture of the union. That rule is the Com mon or unwritten law which pervades • ail America, and which declaring libels against government to be a punishable offence, ap plies itfelf to and protests any government which the will of the people may eftablilli. The judicial power of the United States then, being extended to the punishment of libels against the government, as a common law offence, arising under the constitution which created the government, the general clause gives to the legislature of the union the right to make such laws as (hall give that power eSeft. That such was the contemporaneous con ftruftion of the constitution, is obviou; from one of the amendments which have been made to it. The 3d amendment which de clares, that Congress (hall make no law a bridging the liberty of the press, ij a general conftruftion made by a:l America on the original inftruraent at endeavour to difTeminatc a mong our fellow citizens the molt deadly hate against the government of their own ereation, against the government, on the prefei vation of which we firmly believe the peace and liberty of America to depend, because in some respeCts its judgment has differed from our own. Various other points, are noticed in the address alike calculated, to excite your re. fentment, and provoke your refinance. Se i rioufly do we regret, the cVpreflion of such sentiments by a body so rcfpeftable. At a time when all ought to unite in repelling every evidence of extftence of di« vision in the United States on which division our enemy calculates and with her know ledge of which has had the presumption to upbraid us, it cannot but inflift a deep wound in the American mind to find the commonwealth of Virginia, exhibiting through her legislature irresistible testimo ny of the degrading charge, nor will the embittering reflection be foftened by the declaration of a determination to repel a foreign iavaficn. which is occasionally inter spersed in those proceedings. Hatred to government is unapt to beget a diipofiu'on to unite in its defence, and more probably would projeft other fchemei, coupling de f-nce from irivafion, with change of paliti cal fylfem. Th<- result of which might be union with the invader, for, the putpofe of accomplish rig a delegable reform. Unfortu nately for the human race, .such .coalitions have happened and unfortunately for the American people, another iuftaqce of like cpnduft. may be afforded. Exhortations to foreign danger under pretence of opposing domestic ufufpation is, an artifice, which has been often used to divide and ruin republican governments Switzerland has lately afforded a fatal proof of this melancho ly truth, and may heaven avert the like fate from us. One otherfertiletopicofcomplaint against the general government, we must notice its fifcal arrangements, and increasing expenfea. In con fide ring this fubjeft, always recol leCt that our revolutionary war left the na tion With a heavy debt, (the price of its in dependence) and bereft of the means of dis charging it. When an individual or a nation cannot pay the principal of an honest debt, and can pay the interest, every f. ir motivpeommands the principal to be secured and the interelt to be punctually paid. Obedience to this ho nest injunction produced the funded debt of the United-States ; ai d altho' we pretend not to fay that some mode more confonaßt to the American charafter, might not have been adopted, producing the fame end,, yrt we do assert that the mode adopted was the result of much labor, and much inveftig.ation and tliat it received the constitutional fanft lon. From this we infer that acquiescence in, and support of the fyltem, is the prope'r eouduft of every good citizen. Added to these, original debts has been the valt exptnee of defending 'Kentuckey, and the weitern frontiers from the Indian enemy, and the eftablifhrnent of government in the north and south western territory. At present, the defence of the United States claims money, and their defence can not but swell considerably the public de mands—The stake is our all—and t® save his all, who would begrudge a part ? But we derive great consolation in re minding ourfeivesof the following fafts— Our resources are vast, are anually increa ! si' gi are managed with ability,and difburftd with integrity—that they are applied topro mote the people's good, < uly consonant to their intention, and by their chofeß f. rvants j —That the choice of our functionaries re curs as usual, when the faithful servant will receive his reward, and the unfaithful be ordered to depart—Thre we are a great, powerful and independent nation—and that the fafety, and happiness of fueh a people cannp' be promoted without proportionate supplies of their money—that the weight of taxation in the congreflional fyltem falls almost entirely on the rich—that the capa city to pay rises in proportion to our securi ty from abroad, and our tranquility »t home —that the prcfervation of peace is as it has been, our constant desire, to prevent the in terruption of which our government has a bly and perfcYcringly ftuggled—that war in defiance of all oUr endeavouis, impends •- vei our heads—and that to aven its calami ty, we must be prepared to meet it like men. Continuing to confide in our government —continuing to regard union as the rock of our political salvation, and the constitution as the means cf its to prefer a state of peace without dishonor, we will not turn from the perils of war, with a degraded name, but-like our fathers will be ready to risque life and fortune ; expeft ingfrom the timely exertions of our govern, mfent, to be enabled to meet any and every efiemy.cn equal terms. Democratic Judge. \ \ efterday a reiclution paired the Mouse of Representatives of the Pennfyfvania Legisla ture, itquefting the Governor to difptace Benjamin Brannan, esq. from the office of Aflociate Judge of the county of Delaware. Yeas j7—.Nays ti. YEAS. . MefTrs. Evans, speaker: Albright, Bull, Drown, Buckley, Baird, Blair, Campbell, IJunlap, Erwin, Erjalt, Fisher, Frailey, Follmer, Forster, Hall, Hemphill, Hannum, Hopkins, Hostetter, Horn, Hartzell, Hen dricks, Huston, Ingels, Keppele, Keys, Kel ly, Kennedy, Krause, Lylc, Meivborter, Miller, Martin, McPberson, McDowell, Power, Preston, Palmer, Rugb, Raum, Seckel, Stocker, A. Scott, Stewart, J. Scott, Spetr, Sample, laylor, Turner, Udrtc, Van Horne, Wharton, Wright, Wilson, Welles, Williamson— 57. NAYS. Doctor Logan, Boileau, Cunningham, Conrad, Eyre, Linnard, Penrose, Rose, Shoemaker, Snyder, Worrell. u. CONGRESS. Owing to the Indifpolition of the Speak er, the House of Repref'entatives adjourned this day without proceeding to business. BALTIMORE, February i, A poftfeript to a letter from Hamburg, of the 29th of November, to a mercantile house in this, fays. " Within these few days past, much talk has been caused bythe arrefl of Napper Tandy, and 6 other United Irishmen, at the reqneft of the British minister. The Fren.h minister tells the senate, that if they are not reflorcd in 24 hours, he will leave the city, The senate, however, (till keep them is pri son, and the matter in dispute is to be refer red to the king of Pruflia." ggi—— Insurance Company of tbe State of Penn sylvania. February i. 1700. T H j ®'reflors have this day declared a dividend <" fevcnty-lour dotlarj on each (hare 01 the Stock ol this company for the last fix month ERUNN, November y. ,'. <;•■ According tq, private let era frJom Cun ftaatinople, (fay our gazettes) . 18 Egyp tian Beys have already joined the French, and a great part of the people are entirely won over by thtm This, however, appears to require confirmation., It is added, that Buonaparte iscollefting all,the flipping he can find, -and that live French are fully em ployed in refitting them. • ' ■ ■ i • -a MILAN, O&ober 29T In the great harbour of Maha is & French (hip of the line and thHce frigates, with two .unrigged Maltese fliips of war. The French garriT n in Malta is provided with meal for. a whole year, and hopes to hold out (ill the (lormy weatjaer (hall compel the to raiff the blocka 'e. Ac cording to fame accounts, Malta will be restored to the knights of the order, when the between France and Naples lhall be amicably adjufied. PARIS, November ti The French, corsair, le Mercure, has ta ken an English vtffel from China. This rcffel had on . board a cteft of: feeds for the king of England. Lebrun {he. captain of the corsair, made a prtfent of them 10 the botanic 'garden of Bordeaux There are 300 different kinda st icaft, and of the most rare species. Ncv.-mbtr 19. The commander o£ the Anemone advice boat, Viijich vrat wrecked on the cO'jftof A iexaiidria ;n its endeavors to avoid falling in- poffeffion of the Engljfh, and which was fteverthelcfs taken by them, was brought into this port on the 17th Oftober. At the time of its departure, Sept. ax, the French army was encamped 30 leagues t«,*ond Cai ro, in the most advantageous pofitiori. It was abundantly supplied with provisions ■, but a disorder prevailed i.n the eyes of the men, which it was expe&ed would ceaie on the approach of winter. A squadron had made itfelf niafter of the whole courfe.of the Delta. Gen. Buonaparte had declared him. felf Governor of Egypt. BRUSSELS, November 6. 11 ft-*rday and the day"before, durin? the whole day, there was fighting without inter million upon tire canal of Bruges and Ant werp, particularly m.the environs of Room, Willeb'roeck, and of Capell aux bois. A part of this krft place was burnt by the re publican artillery. The infurgenta.defend ed themselves with a rage bordering' on clef pair ; they loft a great number in theft dif ferent a nions. An officer and several woun ded soldiers have been thought inhere. \efterday at two o'clock, large detach ments of cavalry andinfantry with fix pieces of cannon, went from hence to attack the rebels again, conjointly with two other co lumns of troops. There will probably be this day a general attack of the rebel's, and .there is reason to hope it w'il be decisive on the points to which it will be directed, We learn on the other hand, that in the de partments of the Lys arid the Forest?, the revolters have again been beaten. Troops from all the armies continue ta arrive., DUBLIN, Novemher 24. A letter received yesterday from Belfaft, mentions that a desperate fire had taken place there in the linen hall, in which two of the fquarcs of that building were consumed. Extract of an authentic letter from Emma Vale, near Atbione, dated Nov. 23. " The rebel Hacket has at length paid the forfeit of his crimes ; he was shot in the aft of pillaging the house of Mr. Atkins." The Hamburg mail which arrived yester day brings important papers from the con -sjrei . at Raftadt, by which our readers will fee, that as the Ruffian troops advance, and the treaties towards anew confederacy draw to a close, the empire becomes more categor ical m its demands on the French, an 3 more daring in its language. The French minis ters lent off couriers to Paris, and it is thought that the answer will decide the question of peace or war. In other relpefts the mail is not important. No flep on the part of the French has taken place on the Grifon frontier; but they are bubly employed in recruiting their aripv on the Rhine. The infurreftion in Brabant teems to decline a positive massacre. The Leyclen Gazette lays, that it exhibits only a Iceue of horror and defalcation. TRe-irifur gents, pressed by the troops of the French take refuge in their villages, try in vain there to defend themselves, Jet fire to their hou'fes, and peri Hi in the flames. *lt is not true thai Syeys has quitted Berlin. That court, not withltanding its representations on the fta-eof Elirenbretftein, seems fHll determined to keep aloof from the Confederacy, and prelerve to its people the*bleffings of "peace. Richard Bayley > R r n n r l L r Y ir,lorir public that the 7 RetaU Bufrnef- carried op by them at their Store. No 136, Market Orcet, will in future be cirned on by .Mr. Wll. Bonnar, whom they W leave to recommend to the favor of their Ir,ends and the public. All Persons indebted to the above firm and those to whom they are indebted, Will plc.ife to apply to John U hitksides 5c Co. or the fettle men t of their refpeSive ac. ounus, wl o are duly empowered for that purpose. Richard Bayley & Co. WILLIAM BONNAR. RESPECTFULLY informs hi 3 friends and the public, that the shove Store will he opened by h.m on Moh«U/ the 4 -h ef February next, with an anort-tnert of dry goods, Suitable to the feafen;. vi 'iich he flatters 1 in if- If Will meet the approbation us those whs honor h:m with their favor. jsn z 9 . •> r