Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1834-05-30
Igichmond. va, Eriday, May so
THE .ALIEW LIZ.

really thoughI, he
principle that act aud that IL 10 abso-
lu,ely necssatyit should in particular circumstances be
enforced law. The eguArds provided by Con.
siiuon Tor per,onAl rights sud liberty. designed Tor
the protection csens, not foreigners. The protec C.
given aliens, whether friends or enemies, is matter Of
favor not Of justice. The United States the Of
with Great Britain the ministers OF that Crown dis
patch their agents this coun'ry,to nora
ton OF forces, and weak points, their
iucendiare 10 light aud isn III. flames OF ldsco and
these openly engaged in the work Of mischief Can
i, be Imagined that Congress cannot authorize the Execu
tive tc seud them away or 10 conus ,e, they persist in
sayug SO as at all events, 10 defeat their lnSiose
do maintain that this Law constitution and vice in its
principle though II may be objectionable IN lie details.
~. Leigh Esq 10 .Mcjor Henry Lee f HestWoreland.
The above was rcccntly published nthis pnper-
We are prompted AT this time notice it, in conse-
quencc of an article which has appeared in the
Lynchburg Virgnian. The Editor of that paper
gives history of the circumstances that drew for
the publication of the above extract, and then sub
joins the following remarks:
We reer to this sutJec, Tor reasons let. As
justice TO Mr. Leigh hmss and 2Jy, For the purpose
saying word ormo in relation to hose much abused
but little understood statutes, the Alien and Seion laws
.sIhat the lstter both unconslit uonsl in prin-
cple and oppressive in its PROVISIONS, suspect no
now que siions-Lot even General Jscksons Secre-
tsries, Mr. McLsne aud Mr. fancy. who IL they were
supporters Of that assure, the its sdop-
ou certainly active and influential members OF the
party hich indicated aud il with univ una
nimiy. Ii was sufficient OF itself, TO have eonemned any
Administrator. and To have justified The exeftions that
successfully made the powers Of the govern
the possession OF those who thus the Tor
the oppression OF the people. But the Alien Law though
coupled in dsnunciston with the Sedon Act was OF
different charscer, atlea-t i'm principle, il s
tails Some OF It's provisions may, Tor augh we know
the contrary have operated in particular with
necessary hsrshness aud severity sn that particular
il may have been wrong But, that the right such
law is inherent in the general government and that the
obligation to do may, under certain circumstance be
required by paramount considerations, Doubt
The case supposed by Mr. Leigh in tho foregoing extract
ironh letter on the subject places this assumption be
c
unnecessary
Itis time if for nothing else for The ,ake OF
TRUTH that the just Indignation excited by the Sedon
Law hould be ed upon that statute, and that m
less questionable associate U.ss obe conabe, lar
constitutional principles invovedD should be Judged
moi by Its unfortunate brotherhood by It's abstract
PEERLESS Lynch6mgt piginian
Few laws were ever more thoroughly discussed
than the Alien Law, or more Justly denounced by tile
Republican Party. Along with its twin sister, the
Sedilon Act, it was passed in the n,ad days of John
Adamss Administration. The Federal Party in
Congress were its ndvocaies-he Republicans
warmly opposed it, Those who desire TO see the
depth and breadth of the objections which were la
ken against it in The Debate, will find them set forth
in the eloquent end memorable speech of Edward
Livingston, in the III. of X. No sooner were these
two obnoxious acts passed, Than they were repro-
bated by the Republican, Party throughout the
Union. The Alien Law was opposed, on principle
us an encroachment on the Constitution, and in its
details, as stretching the powers of the Ereeuiive
n dangerous and alarming extent There is notl,inp
like il in these days!-The effects upon The political
naf,ies of those times were most striking.
~ "ecame as well the Sedon Act the cr-
.eron Oh par'y--'hs of Elecuonsthe subject OF
the greatest excitement and debate i'm the Stale Ie
glsatures. II was opposed by Taylor, Nicholas,
Giles, Daniel, Mercer and other Republicans in the
Virginia Leglslature-and defended by Geo. Keith
Taylor Gen. Lee, &c. &c. We refer our readers
10 the Debates upon Mr.. Madson's Resolutions in
Jo-99 torefresh their memory upon The PRINCIPLES
ofthat day; and, TO enable The Lynchburg Virginian
10 consider the grounds upon which the Alien Act
was denounced MS unconstitutional, we lay before
them the following Extracts from, Mr. Madsol,'s
Report OF The next winter, jusiiiying his Resolutions
and also the following ExIraci from the Kentucky
RESOLUTIONS, as 1t was penned by Mr.. Jefferson. We
rest The argument upon those Documents.
From Mr.. MADIsoN's Report.
ing terms:
g That the General Assembly doth particularly protest
against the ppAble and alarming iDiracfons of the Con.
siiIuton in The two late 'sAlisn and Sedi,on
Acs passed at the last session OF Congress; the r. OF
winch exercises power where delegated 10 the Fe.
nerai government; and which, by uniting Legislative and
Judicial powers To Ioe Of Executive, subv er The eene
al principles Of Tree Government as ell a. the psrcu
lar org'nzaon and positive provisions Of the Federal Con-
s'ituoh and the other Of which Acs exercises in like
manner, a power mol delegated by the Constitution; but
on Tie contrary expressly and positively forbidden by one
oi the amendments thereto: power, which more than
any Other ought produce universal alarm; because II il
seveed against that right OF freely examining public
characters and measures and of free communicated,
smong the people thereon which has ever been Justly
deemed the only eecina guardian Of every other rght'
Ihe subject OF this resolution having IL is presun
more particularly led the General Assembly into tIe nro
ceedings which they communicated 10 tie other states
and being in Itself OF peculiar Importance il deserves In
snost critical and faithful aon Ter the length ot
which no other apology will be nec-s sary.
1.-The subject divides itself into first 1.-THE Alien ct
secondly, 1.-THE Sedition Act"
"Of the "Alien Act il is affirmed nv The eso,,;on .
NAT exercises power no where deega % the Fe.
dera Government 3D. That il unites Legislative and In
+icial powers TO those OF The Executive 3D. That This
nhon OF power suhveris the general Tree 90
~ernmen IN. That il subverfs the particular a.
non and positive provisions Of the Federal Constitiot
order to clear the way for correct view OF the first
position, several observations will be promised.
I'm The Hsi place; IL is to be borne IN mind that ii be-
lng characteristic feature Of the Federal Constitution az
l was originally ratified, and nendine thereto nav
ang precisely declared, "1hs the powers not delegated 10
ahs United States hy the Constitution nor prohibited by IL
TO the Staes, feeryedt the States mr. n,
she Peopei u incumbent in this, in every other
erelse OF power by The Federal 10 prove from
e Consu'Uon that grants the particular power exer
cised. 49,
The next observation 10 be made IT, that much con.
fusion and iallscy have been thrown into the duestioo nv
blending the two OF aliens. members Of hostile
nation and aliens, members of IriendIU nafjous g.
These two cares obviously and 60 esseudtlv ds
unci MAT u occasions no little surprise that the distinction
should have been di.reeafded aud the surprise il 90 much
te grea,ff as appears that ie two cases are actually
tsngUshefby two separate OF Congress passed Al
the same session. and comprised in The publications:
the one providing Tor The case of slien eneuies" lie
oiber "concetng aliens" indiscfmiDsfeI,; and eon,e
Tuenty extending TO aliens OF every nation peace and
any Win lie United States With respect 10 alien enc
Hnies, no doubt has beeu minated 10 the Feder, an
sbofi'y over beh the Constitution having expressly de-
tegfed TO Congress the power declare war inst any
"aon ana Of course 10 treat and oil Tits members as enc