Columbus Democrat. [volume] (Columbus, Miss.) 18??-18??, 1839-12-07


DE oausuutoualts of the Act, tie following ven
remarkable enc Is extracted
Thirdly, that. as the Constitution has gtreH %
ne States TOO power to remove Aliens during the
period OF tie limitation under consideration, m
the mean time, On Ihc construction assumed,
there would be no authority m the country en-
powered 90 send away dangerous Aliens; sh,oh
canGoi be admitted"
The reasoning here used would not "a an, view
be conclusive, because there are powers cNetet,.
ga hy most other Governments, which, 10 the u
nted States, ate withheld 10y the people, ho'h from
the General Government, aud lrom the State Go.
,smmcu,s. OF tb,- sort are many OF TIC pow.
ers prohibited b., Toe declarations Of light pttiiN-
"a % he Constitutions, ur by the clauses u lhe
Constitutions, iu he uatme Of such declarations
Nay, So Far Is lbe political system Of the luiied
States d,tn-di,hahc from that Of other com.
ues, by the caution with which poWgrs are dele.
gated and defined, thli in one very important
case, even Of COMMERCIAL regulation and revenue,
the power Is absolutely locked up against the
hands Of both governments. 4 tax an cNpogts
can te laid by 10 constitutional authority whaley
cr Undof a system thus peculiarly guarded,
hrro could surely be no ubsutd,y IN supposug
that Alien iricGds, who, If guilty Of reasonable
Vaccinations, may bo punished, o. il suspected
on probable ground, may be secured by pledges
or Imprisonment, IN like manner with permanent
citizens, were never meant TO be subjected to
Punishment by any arbitrary and UNUSUAL process
either under the enc government or the ohct
But, Il Is not the mcunchusivtucss Of the gene.
ra reasoning in this passage, VII ch.cbl,ly calls
tho attention 10 it. II is lhe principle assumed
By Il, that the powers held by the States are CAV,
en- 10 them by the Constitution Of The United
States and the inference ttom This principle, that
the powers supposed 10 be necessary which are
not go given to the State Governments, must lc-
side IN the Government Of the United States
The respect which Is felt 70 every potion Of
the constituted authorities, lorhlds some OF the
reflections which this singular paragraph might
excite aad they are the more readily suppressed
as il ma, be presumed, with justice perhaps, as
well AS caudor that inad,cncucc may have had
is shan, m the error, 1t would be an unlusuha
bic drbcacy, nevertheless, to pass by so polcn
tous clam, proceeding from SO high an author.
~, without mouitory notice Of Che fatal tendcn'
cles with which II would be SO pregnant
Lastly. it Is sad that law on the Same
subject vlh the Alien Act, passed by this STATE
originally IA 1885, aud re enacted IN l792' Is "a
proof that a summary removal Of suspected Az.
ens wa, not heretofore regarded, by the Virginia
Legislature, as liable 10 the objections now urged
against such a measure.
This charge against Virginia Nuulsbcs belot
p tho slmple rcmalk, that the law Of Virginia te
+ latcs TO "su.pelous persons, beng the sub'tc,
To- Of any foreign Power OF state, who st4.G hav
, made declaration Of trar, OF actually conuact,
+ cd hosihlies, OF from whom the President sha
apptohcnd hostile desigS !" whereas tho Act q
. Congress relates to hn.ns beng the subjects o
loregu Powers nI States who have nethff De
ciared ~d' N commenced hostiilhc5, nor tro'
rdo", hrsitic designs ore Gpprehmdtd'
i -. Ills next affirmed. OF tho Aleu- Act, tia
r il unaes Legislative, judicial, and EXcculIy
y, mowers, In the hands Of the President
" However Difficult, 1t may be to mark, IL ever
case. with ccarness and certainty the Inc VINO
- divides Legislative power from the other dePat
" meuls Of power, al wl agree that the powers r
f,r,d to these departments, may be so genera
apduudtfucd rs 10 be OF Legislative, not oi n
G Executive or Judicial, nature aud may, lor 'h
Isl reason Be unconstitutional Details to "A cetIa
." derrrc, are essential to the nature and chafac
rs Of las: and on criminal subjects II - prop
y that detail. should leave a. lrtle possible to Il
H. discretion of those who are to apply and eHecn
o' the law. / nothing more Is required ~ tNcfcls'i
+" a legislative tfust, han general Conveyance
r. authority, without laying down any pteclse ruI
'l' byvhlch the authority conveyed should be ca
% RED into eflcct,t would follow thai NE wa.
.ct noVcf Of legislation NIGH be uauslcurd by Il
Of Legislature IRON rsclf aud proclamauous ur
az become substitute. for laws. \ delegation
Of mower IN this latitude would not be denied TO Nc
as union ii tie different powers.
d TO determine, ihon, whether lbc nFPropn'
a poaeis Of the distinct departments are united
the Act authofi-lug the.Execulyc 10 remove \
lcl ems, Il must be inquired whether 1t contains 'u
a details definitions, aud rules, us aprorain to !
re-. true character Of laws especially Ia"
ahch personal liberty Is invaded properly
4 nfivcd oC IT'S value to the owner aud life ilstii
T., directly exposed la danger.
~, The Alien Act declares "tha It shall be Ia
Gd for the President to order all such aliens as
IA. shall Judge dangerous TO the peace aud sa'''y
tbe Uned States, or shal have feasona
M, ground. 70 suspeetaTe concerned 10 any heaa'
-, abl Or secrd vaccinations against the Cove
Il. ,uon thereof, 10 depart" &c.
',e Cood power be gwen ia terms less dem
,,rI less particular, and Icss Precisei 10 be ddng
,rc. Gus 10 he public safeyi % be inspected q
,,s, cre vaccinations against the Governme
'an. These can never be mtsiaken for legal rules
an. certain definitions. They leave every thing
~. the President Ills viii Is the law.
law But It Is not Legislative power only Hat
:, - gwen 10 the President He is to stand ~
place Of the Judiciary also His suspicion
,nn. the only evidence which Is to convict his o.
,bs the only Judgment which IS to be executed
Thus it IS the President whose val IS to De
nate the offensive conduct. IT'D bis vii that
,een 70 aee'."'u '"' ,bo so,te
any 81 anu : n'' ~, ar,,,osd ,berel
nng !" oe I'D J,,d,ci,I n
e Of lhai INC AC' untoS - e''''A'