The gazette., 1799-03-04
g, = III Z = Il I'll Il u.


1t d hoves us, however. 70 iatisfy ouri-lve'
completely ii this intereaing point.
The govtrnrent cf the United States j indu-
higa6ly united as to its objects, however i may
Be as to the means Of obtling thole objetfs.-
Il Fod-fes only delegated powers, and i is
p.oper 70 enquire whether the power now under
CONFEDERATION Be delegated or rot. Il Is necef-
fry in pnifuing this enquiry, 70 bear in mind
that we are inytltigsting Conititution which
muR unavoidahly BE- reRri9ed IN various points
to general expre1ions, making the great out
lines Of a fubjett; and not law whiah i capa
bic Of defending TO every minute detail.
If We conarue the former by rules Rri4ly
applicable to the latter, the power Of terrifying
our ports and harbouts might well Be qcltion-
"a nor could the utility of tie cladie author
izing Co0grels to make All laws neceaary and
proper fer carrying into execution I'll powers
vlRed BY the Corai.u,ion in the government Of
the United States, or II any department or OH
Ger thereof, be readily pointed QUIT would
Be difficult too to aiii d reaf6n for omit5ng
in the Izth Amendment il our contribution,
which is evidently copied from the iecond artl-
Gle Of the ancient confederation, the very mate
rial word exbrcJiy. That article Of the eonfed-
raicn, and the amendment OF our con-
ftnntion, were deigned plain and e1Plicit
adnilion Of the principle, thai the pow rs not
delegated are retained. In he confederation,
all powers not sxp,si5y delegated are retained ;
bui in The amendment this very operative word
IS wifely omitted
Ia reviewing then our Con0itution to decide
On the powers veaed for general purpoftN, in our
general qcvernment-we mutt examine the
whole paper-we mutt examine it fairly, but
literally.
Congres has power "to declare war, grant
letters 81 mArque and reprifal and m Il rules
concerning captures on land and water".-Tn
make reprifals is a power ditnd from, and
which not untrequently prece1es war; as
br 4nch Of this power, thof- members or Con
grefs who are decided in their declarations
againR the alien law, united ID 1894 IN iuPPort
Of tls bill for iequelfering Britith pr0Perry.-
But reprilals maybe made on the terf5Rj as vel
as the property Of aiiens and as iequetrstion i
the exerc e in an inferior degree Of the general
power of REP i'll On property, 70 may the renlo-
val 81 aliens be coniide7ed rs The exerciGe II an
interior degree of the general power of rePriials
on Perfons. IF be whole power Of rePrlial be
delegated, The particular degree or manner in
which it I'll II be excroifed, Is qn=ti 4 Of
political dilcretion, aud nor Of coniituicnal au-
thority.
Congrefs has power "to dehnaaand punilh
piracies and feones, committed on The high
feas, and s7euees qgaiaR ibs A4qv etf tfnafiea5."
BY the law Of nations, or BY particular trea-
ty an alien requires a right Of reGdence n a
country at reace with his own, an it i an
offance againR that law, to become dangerous
70 The peace and fafety, or 70 be concerned II
any treAlonable or fecret machinAtiors againf
the government of the country in which ne re
Gdes. Th,fe offences Congreis may beth @5fHs
and bnai6.
Congrefs may call forth the militia, " to
fupprei, inlurre6itns and rePel invaiions'-
and further, the United States fhall guarantee
10 every Rate ID the Union republican form "a
government, and Pail Pro's7 eaSb 9t bsm Gga-gs
iavsfoH."
By this latter claufe, fomething further WIS
intended than merely 70 rfPri invafion. inTa.
ion actually made It 70 be rfpebe4, and for that
purpof- the militia may Be called cut. But
Conprr r is 70 do more than merely 20 rePsl
adu / invafon This power having b-en giant
"a ia the 8th ft6fion Of tne fri aticle, the con
rltutioo, in the fourth (, aon cfthe fourth artl-
Gle, gives the additional power, and mixes i
the duty Of Congrefs, to frofsH each fate againtt
invafon. To brofe9 againa an evil, Includes
the right Of taking proper and necellAry itePs
for its prevention Of thefe Ptoper and necef
fairy aeps. the government, PoiieheI Of the pow
er, mutt Judge To caute to depart from our
territory the individuals Of a nation from whom
iIvafion was apprehended, i moa Oh ioully
meafure Of precaution ddated by prudence, *
warranted BY juli-e. 1t appears then 70 be
fairly dedncible, from the theory Of the confi
tuition, and from correct view Of its particular
parts, that the power Of protecting the Ameri-
can commonwealth agant dangerous aliens,
whether diperled through the interior of our
country, or embodis in arms agant Us, Is an
exiii7g efficient power placed with all others
~ -. y. ~. IL,