Gazette Of The United States, & Philadelphia Daily Advertiser

The Gazette.

PHILADELPHIA,

THURSDAY EVENING, DECEMBER 6.

The following is in allusion to several late addresses from Virginia, setting forth that the power of providing for the general welfare is vested in each state respectively.

MEMORANDUM FOR DECEMBER 1798.

That the constitution of the United States of America, the bulwark of our happiness as a people, be uniformly and efficaciously maintained—that the sacred contents be not violated by usurpation and tyranny on the one hand, nor the power of the people delegated to their representatives in congress misconstrued and abridged on the other—that in article the 1st, Section the 8th, power is given to congress "to provide for the common defence and general welfare of the United States" that in the 1st Section a further power is given "to suppress insurrections, and repel invasions"that in article the 4th, section the 4th, congress engages "to guarantee to each state individually a republican form of government, and to protect each of them against invasion and also against domestic violence, and it is to be observed that this power is given to the executive if the legislature cannot be conveniently convened."

That the 18th section of article the 1st is thus expressed" To make all laws which shall be necessary and proper for carrying into execution the foregoing powers and all other powers vested by this constitution in the government of the United States or in any department or office thereof." Hence we find full power given to congress to make all laws from time to time which may be deemed expedient and necessary for the safety, peace and happiness of the community at large—That the power of providing for the common defence and general welfare of the country is expressly prohibited and taken from each state respectively by the 10th section of article 1st, where it is enacted "that no state shall enter into any treaty, alliance, or confederation, grant letters of marque and reprisal, &c. and further prohibits (without the consent of congress) each state from keeping troops or ships of war, or entering into any agreement or compact with any other state or with a foreign power, or to engage in war, &c." which indisputably prevents each state from arrogating to itself a power to provide for its common defence and general welfare ;this power then is expressly given where it ought to be, namely, to the congress of the United States, the representatives, guardians and servants of the people.

That to obviate all doubt and misconstruction of anyparticular clause, the true meaning and intention of forming the constitution may be seen from its preamble, which is thus written: " We the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defence promote the general welfare and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this constitution for the United States of America."

Here we have the very spirit of our constitution fullyand unequivocally expressed, previous to the insertion of each particular clause further comment thereon is therefore altogether unnecessary. That provision has constantly been made in the constitutions of the best governments which have ever existed under particular circumstances, and especially, in cases of rebellion or invasion, to make encroachments on itself That the distinguished characters convened together to form the constitution of the United States of America, wisely adopting and pursuing measures by which alone the constitution itself can be preserved for any length of time in article the first, section the ninth have enacted that The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it." That therefore in case of invasion or rebellion, this, the happiest privilege of a free people, the constitution itself holds expedient to be suspended, that the legislature may adopt whatever measures its wisdom may judge expedient for the preservation of, the people and country—That therefore, whenever the public safety require it, the people, by their representatives in Congress, may enact any law which may be judged expedient for its preservation and that of the lives and property of the people.

That the Alien and Sedition bills are perfectly consistent with and agreeable to the spirit and intention of the constitution.— That the said bills ought to remain and be in full force and virtue so long as the threatened danger exists, which gave occasion for their birth.That when neither internal or external danger prevails, and the public safety do not require the aid of said Alien and Sedition bills they may and ought to be repealed. That opposition and resistance to subordination and good order, respect for the constituted authorities, and established laws of the land has increased, is increasing and ought to be diminished. That therefore all the good citizens of the United States of America, private as well as public characters, be held in requisition to repel and restrain this hydra of many heads, and which too like Proteus can appear in as many shapes. as it requires indeed an Herculean arm, to demolish and eradicate its baneful effects.—

That taking the embargo off American vessels, by the French republic, as well as every other act of that nation, short of a general investigation of the injuries we have sustained, and a candid and unequivocal determination, fully evinced on their part to make good the same, is to every intent and purpose, a mere display of that boasted diplomatic skill we have the greatest cause most cautiously to guard against.