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

a
committed by the individual not by has nation,
ard against the municipal law, no, against The law
Of rauoas, lhe individual ofy, and not tie nation,
/ IS punishable; and 'le punishment must bScou-
/ Quoted according 20 tie municipal law, no, ae-
cordnE - the law Of nations. Under this view
Of the subject, the Act Of Cougress &c, the re-
/ moyal Of Alien enemies, being con!o,mahle 10
the law Of nations, Is justified BY The Con>ltu-
( lion and the Act t5t the removal Of Alien
i,ieu1>, beng repuguaaj 10 the constitutional pTH-
/ cplts ID u,uu,c pal hS, j. uuiu>uhable
( Nos Is the Ac, ct Congress iur ,be removal OF
Ahel friends, mote agreeable TO die general prae-
/ uce of nations, than It Is within the punivw @.
/ the law of nations. The general practice OF IA
/ lions distinguishes between Alien friend, aud
/ Alien enemies. The latter it has psceedtd
against according to the law Of nations, hy eNpeI-
t Ing them as enemies. The former has ern-
,ldered as under a local and temporary allegiance,
r. entitled to ouespondcnt protection. Ii con.
,n,y ,ns,,.ce, ere to be found in barbareas coun.
tines, uudef undefnoo 'croe 'Ncs, OF anna 'e'o'
lutonary dangers, they vii not ue dcemee :" PFC
| ceden,S ur the Government, OF the United States
! even if not beyond IT'S constitutional authority.
| Ii IS said that Congress may grant letters Of
marque and roprlsa that rcpnsa.s may be made
on persons as well as property; and that the to
moyal of Aliens may be considered as Tire ever
else, in an inferior dygtecr of the general power
of reprlsals on persons,
Without entering muul,ly into question lh7l
does not seem to require u, Itmay De remarked,
that teprisal is seizure OF foreign persons o' rgoP-
erty, with q view TO obtain ,aat justice Tor uJu
ries done BY oue State or is members to aNn'AeT
| State OF its members; lor which refusal OF toe
aunrcssors requires such resort 60 iufcc under
| the law Of nauons. II must be considered as ar
abuse of words to call the removal Of persons
from a country a SEIZURE or reprsal on them
nor is the distinction to be overlooked between fc
ptlsals on persons within The country aud under
the faith Of its laws, aud on penons out OF Tue
country. But, LAYING aside these considerations
il is evidently impossible to brlng The Alien Act
within the power Of granting rcpri,als SINCE Il
does not allege OF imply any aIury received from
any particular nation, for which TINS proceeding
against It's members was intended as a repau'on.
! The proceeding Is authorized against Aliens =
! erei nation o nations charged neither with
any similar proceedings against Anen,an clt-
| zens, nor with any injuries lor which justice
might be sought IN the mode presented by tie
! Act Were 1t true, therefore, that good causes
existed for reprsals against one OF more foreign
nations, and that neither the persons nor property
of il members, under tie faith Of our laws,
could plead an exemption, the operation Of ,hc
Act ouoh 10 have been limited to the Aliens a
mone Us, belonging to such nations 10 hrenF'
reprsuls against all nations, Tor aggression
changed ON one only would be measure as con
nary to every principle Of justice and public law
as 10 a wise policy and The universal practice o
nations.
II is SAID ,hnrthc right Of removing Aliens }
an incident 10 the power Of war, vested IN Ton
gress by the Constitution.
This is a former argument IN rev shoHe on
~, aud is answered by repeating that he itmofa
Of Alien enemies il an incident to the power
, war tia, the removal of Alien lteuds i. r,ol a
, incident to the power Of WEI
II is said that Congress are ~ the Constu
ton, to protect each Stat" gains, invasion; Of
that ho means Of p'rpntipg invasion are incl
ded IN tie po"f' Q, protection against IT.
The rowc, Of war 10 general, having been b
o fore alaned by the Constitution, tins clauSe ma
h other be a mere specification for greater caut'
and certainty Of which there are othct cNamps
! in The instrument, r. he the injunction ol dnl
' superaddcd to grant OF The power, Under
~ thet EXPLANATION, It cuuuol enlarge tAe poo6s
." Cony,css on the subject The peNet and The q
= ~ 10 protect each State against an invading en
j. nv. would be the same under ihc general pp"'
) # thi, regard TO greater caution had beenomae
=, Invasion is an operation ot war. 10 ptolt
X, AGAINST INVASION, Is an exercise Of the power
- war. 4 rovei, therefore, not incident to wi
l.. cannot be incident to particular modification
OF war Aud as the removal OF Alien l"eods b
80 appeared to he 30 incident to general state
IN war, 1t cannot be incident to partial state o
narticuar modification Of war
N. Nor can 1t ever be granted that power 10
nj. on a case when It actually occurs, include.
ri. mower over all the means that may tend 10 p
,ry rent the occurrence Of Ihe case.
led Such latitude Of construction would rem
an uooya,lna every practical definition Of paulcu
The and limited powers. Under the idea OF prove
ich mo war in general, sell as infasion N paHr
lar. moi only an iudlscnmnaie removal OF an Z
ice ems might be enforced, bat = thousand oi
ion tbinps. still more remote from the oNe'a'i"us
hat precautions appuneuanl TO "ar' hlkb' 'aN' pa
isb 4 bipoted or typnncal nation might threaten
the with var, unless certain religious OF political
o. pulalions were adopted by Us; yet u never ca
be inferred, il the regulations WHICH would
and ven, war were such as Congress had otherV
: to no power to make, that the power 10 make u
Ia" would grow cut Of lhe purpose they we're to
ces swer. Congress have power to suppress IN
ase rec,lous, yet it would not be allowed 70 70
aw Iba, they might employ all the means ieadn
that preyent hem Of which a system Of mora
stpclon Cor the ignorant, and Of proudent
Act por, for the poor, might be regarded as among
lish most eliicaclous.
the One argument for the power Of lbe "et
Of Government TO remove Aliens would have
SO passed IN silence, lf it had appeared under
pun authority inferior to thai Of a Report made DIV
> oc | H. -, -ass,on uG Conuress to the Hous