Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1834-05-30


"Nor can IL ever be granted, that power 10
case when II actually occurs, includes power over all
the means that tend 10 Prersnt the Of the
vailng, every practicable definition OF particular end
limited powers. Under the idea Of preventing war In
general well inv aston particular not only an nds
eroa'e removal OF all silens might be enforced, but
thousand 9th, things still remote fro, the
snd precautions sppurenant TO might take place
bgoted or iyranncai nation mig threaten h
less certain religious polica equations adopted
10y as; yet never could he Inferred il the
when would prevent war. such Congress had
otherwise no power TO make tina the power make them
wo"" grow out oil the purpose they were to
cougress nave power TO suppress ,nsurrrctens, yet IL
wod not DO allowed 10 follow, that they might employ
all the means tending prevent them; OF which sys-
TEN oil moral instruction Tor the Ignorant Of provden
support Tor the poor, might be regarded among the
"One argument for the power Of the General Govern
ment to remove Aliens would have been passed silence
II had appeared under any authority inferior oil
report male during the last session OF Congress. the
House OF Representatives by committee and approved
by The House The doctrine on which this sgunent is
founded, Is OF so new aud extraordinary character
and strikes So radically at the political America,
that IL is proper to slate il ia the ve,y words oil the
por:
:" The act Concern Aens) sad to be unconstu.
iions because to Aliens direct breach OF
1.-THE Constitution. which provides by the 9th section, OF
1.-The lst article: that the ration Importation .uch
persons any Of the Sts,es shall think proper admit
'shill no. be prohibited by the Congress- prior the
Among the answers given 10 t. objection TO the con-
sIn'ionsi'y Of the act, the following very remarkable
one is extracted:
Thirdly, that as the Constitution has giuen to the
" states no power 10 remove Aliens. during the period
oil the limitation under consideration ia the time,
on the construction assumed there ou!d By no auiho-
"rity IN che county, empowered to send away dangerous
Aliens, which cannot be admitted -
4" The reasoning here used, would in any view, be
conclusive; because there powers exercised by most
other Governments which in the United States are with
held by the people, both from the General Government
ana IRON the State CoveinInens OF this many
OF the powers prohibited by the declarations OF right pre-
hxed TO the Constitutions by the clauses in the Con-
situations, in the nature Of such declarations Nay,
Is me political system OF the United States dsng sabe
from that OF other Countries by the caution with which
powers are delegated and defined; ,s very ipot
an case, OF commercial iaion and revenue
ne absolutely locked against the hands OF both
Governments tax exports he laid by no consli-
'u'ionA authority Whatever. Under system thus Pc
cuarly guarded, there could surely be absurJy in
surprising, that Alien friends, ws guilty of ssonsbe
Vaccinations may be punished, il suspected on pro.
bable grounds, may be secured by pledges impson.
mepi. in like with permanent citizens were me-
meant to be subjected to bsnsten by any arbitrary
and unusual process either under tho Government or
the other.
.But is not the income lusveness of the general
soDing in this passage which chiefly calls the attention
oft IL is the principle assumed by that powers
held by the States given to them by the Constitution
OF the United States; and The inference from this principles
that the powers supposed to be necessary. which
given to the State Governments. must reside in the
Government OF the United States
"The respect which is felt Tor every portion Of the con-
stued authorities, iobid OF the reflections which
this singular paragraph might excite; aud they the
more readily suppressed as may be presumed with JUS
tice, perhaps, we'll candour that may
have had its share ia the would be uniuss
BILE decacy nevertheless, to by portentous claim
proceeding from high authority without mon,ory
notice oil tie fatal tendencies with which il would be
pregnant.
Lastly, Hif That law on the same subject with the
Alien Act passed by this State originally in 1885, and
enacted IN l792, proof that summary removal OF
suspected Aliens, was not here oore by the Vir
GINA Legislature liable the objections now urged
against such measure. its.- .tsr
This charge against Virginia vanshes before the sim
pie remark hatthe law OF Virginia relates to suspicious
persons, being the subjects OF
VINO snail have 'ndde declaration of actually
" commenced hosf,hties, or from whom the President
" shaii spprehend hosfhe designs; whereas the oil
congress relates 10 Aliens being the subjects OF oregn
enu states VINO nave neher declared todr, nor
are 1tPrmended.
II ~ IS next anrmed OF the Alien Act, that IL untes
,"oe'a'' anu Executive powers IN the hands
VI ',e iicsoen..
however uh'eut u may be to mark, in every
't WI" 'ssness sno certainty The line which
divides Legislative power, from the other departments
OF power all wil agree, that the powers referred TO
u.s. "ePs'"Iens may De so genera and underlined,
a " NC VI hsg's'a"ve mol oil an Executive or Jude
a''u may o' a' reaso" oe uneohsutionai--
, :" 'e'''" "es'ee, are esssn'iai 70 the nature
@ , ~ ,aw anu on eiinhs SUBJECTS II IS pro-
~ - S .' s"'" ea.e as mus as possible 10 me
10 +, ",';o VIZ e.e " app'y anu 70 execute Tue
Ia;.,,,,. ,.".s IT, 49, e4"'eo, =" eAersshg d
tS, Us, na' se"e' ~ 'o','eys"ee OF au.hority,
1870 y,'s u1"n any precise fu,es, py mY'ch The su-
tI,y ,I, ~ % &c ,s, ,', '..o eFe'; u would
tered Inv ,,a ;, p -, ,, ,ssn' oe rams
1871 oy ."e ieg,s'a'ore ron i'sel ana procianasions
g. ,, s"osV'u'es 'or laws aeegAhon oil pow:
h iiGs,sn "ou Do' NC ue"'ea 10 De union oil
ar, 49,, I,s