The gazette., 1799-03-11

iuppoied to be a corre6 argument againf the
power Of retaining il, nor can it be admitted
that the pofibility of eN,zaing the laH fhilting
from the purf- of every individual, is fufici,
ent objection to the exiRence of the power of
taxation The right of ordering aliens to depart
from the United States is confned to thofe who
are deemed dangerous and fuch contribution
OF the law as would fubRanti4lly deprive The
itates Of the benefits refulting from the migra-
ton of fuch perfons as they might think proper
to admit, would be preilrvation, and not an
execution of it.
Il may alfo be f4id with refpea to Virginia,
that fhe has not cholen to admit the migration
OF iuch perfons as the alien law eDons to de-
part. No law Of this ltate AUTHORIZES the mi
grafton irtoit Of perfons of the deicripton com
pretended in the act of the United States on
The contrary, our laws expressly authorize the
executive to apprehend and 1ecure, or compel
10 depart this commonwealth, all fufpicious
Perfons, being the fubie6s Of any foreign power
or Rate, from whom the PreGdent of the United
States fhall aPprehend hottie dtiigns aga;nlt
the faid fates. If then the power of ordering
certain perfons to depart is 10 be connected with
that of admitting their migration, the Rate Of
Virginia does net admit, but excludes from her
territory, ali thofe who are contemp plated by the
alien law.
Sdy. This law is alfo objected to, beeauie
t uniies legilstive, executive and judiciary
powers the PreGdent Of the United States.
LegEatIon is the ACT Of making or giving
laws: Congrefs therefore in making this law
performed the part of the legi1ature, nor IS
there any thing legislative in the execution Of
1t. fndeed Congrels by itfelf or perhaps by
commiHionera appointed By itielf, had executed
the law, tie charge Bonld have worn fome
Tendance of truth /: but the 9conlmi1ion,of the
execution Of this law to the perGon charged by
the contribution with the execution of all the
laws Of the union, is CERTAINLY in itfelfunexoep-
tiChable.-Nor does this act transfer to the Pre- 4
fdept powers belonging properly to the jadici H
ary. It does not involve decifion that is
objea has committed a crime. It is a meafuie I
OF general iafety, in its nature political, and not
foreufic, the execution Of which is properly
uufed to the department which repreieurs the
natiQn in all its interior relations. Every law,
in its,s1ecution, requires fome ejudgment. bur the
execution of the laws not on that account indi-
cial.
4th. THIS act deptives the alien Of his right
to trial by jury. To this extraordinary allega
tion, il has again and again been anfwered, that
this is meaiure Of preventive and not of pun
ilhing juRice--wbo would require that Jury
ihould be ernPannelled, in order to decide whe-
ther nation had or had not caufe to fufpef
particular alien Of dangerous defigns againl its
peace 3--who would require that the PFefdent
lhould unfold to juries throughout the United
States all the Intelligence he may have receiv-
ed, perhaps from ,Perions within the reach Of
thofe employing the aliens, and which eRablifh
es in his mind the reality of the danger TO be
apprehended ?--Certainiy a yelted right is to be
taken from no individuals without a iolemn
trial, but the right Of remaining in our country
is veRed in no alien-He enters and remains by
the courtety Of the 1overeign power, and that
cour,efy may at pleafure be thdrawn.AThat
Virginia coniderS the two lait objections grcun-
dlets, is dsmonaratsd BY her own ad on the
fame fubiea. BY the lecond fiction Of the fix
ty-iecond chapter Of our laws,it is enacted, that
g il thall and may Be lawful for the governor,
with The advice of the council OF fate, to aUpre-
hend and iecure, or cauf9 to be apprehendsd &
fecured, or compelled to depart this common
wealth, all fu{picous perlons, being the fubieSs
of any foreign power or Rate, who fhan have
made declaration of war, or actually COM
menoed hoifilites againa The fad States, from
whom the Prefdent Of {he United States fhal
apprehend hottie defgns againa-the faid States;
provided information thereof ihall have bsen
previouly received by the executive from him.
And in all fuch cafes the governor, with the ad
vice Of The council Of Rate, fhal, and he IS here
by empowered, to fend for the perlon and pa
Pers Of any foreigner within this ltate,s,a order
to obtain fuch Information as he may judge ne
ceGary."
If the alien law Of the United States be an
union of legislative, executive and judiciary
powers, 70 j that of Virginia if one is uncon-
aitutonal by depriving an alien of tria'b by jury,
70 IS the other. This is queaicIi entirely f'p-
arated from the power Of the d'fFereut govern
ments becaule the proviGons Of the one conlj-
tution, are il thefe refDe6s As explicit as tho1e