Columbus Democrat. [volume] (Columbus, Miss.) 18??-18??, 1839-12-07
VIRGINIA RESOLUTIONS.
vIRGlSA-HorsE OF DELEGArEs.

yIRGlNA-HousE OF DELEGATES.
Session Of l799-lSU0.
Dor, of the Committee to whom were referred
4. communications Of various States relative
,1,5s resolutions of the last General Assem-
nv Of this State, concerning the Alien and
Sedtion Laws:
Continued,
FIFTH RESOLUTION.
The resolution next in order, is contained IN
.ae following terms:
oTba, the General Assembly doth particularly
ro.e, against the paIpable and alarming lnlrdc-
ions Of he Constitution, in the two late casosoi
he Alien and Scdilior Acts, passed at the last
gs,on of Congress the FIRST OF which exercises
a power nowhere delegated 70 the Federal Go
unmeni: aud which, by uniting Legislative and
jalieh powers to those OF Executive, subverls
NE general principles OF free government as
veil as the particular organization and positive
Boyl,ions of the Federal Constitution and The
ether Of which acts exercises, III like manner
power not delegated by the Constitution; but, on
he contrary, expressly and positively forbidden
by o,e Of The amendments thereto: a power
which, more than any other, ough, to produce unit
ye,.al alarm; because ii is levelled against that
,ob, Of freely examln,ng public Characters and
measures, and OF free communication among 'hF
pe,,Ie thereon, which has ever been justly deem
ed the only elTectual guardian Of every other
hight"
The su6jec. Of this resolution having II Is pre-
sumed, more particularly led the General Assem-
BY into The proceedings which they communlca''
eu 10 the other States, and being IN Itsell Oh pc,
culnr hnportance ii deserves the most cFl'lcal
and faithful Investigation for the length OF winch
no other apology will be necessary -,
The subject divides itself into, tTsf' " i h'
Alien Acl;' secondly, "The Sed'lon Act"
Of the Alien Act" il is affirmed by the ne
solution, LIST. Tha, /, exercises power nowhere
delegated 10 the Federal Government I'd lh'
it unlcs Legislative and Judicial powers to 'hos'
of the Executive. Sd. That this union oil Powe
subyerts the particular organization and posN''
provisions Of the Federal Constitution.
In order to clear The way for correct view
the Grstposition, several observations w'll be pre-
missed.
Ia the first place; it is TO borne IN lnlno' una
i being characteristic feature OF the j euef'
Constitution as it was originally ratified and a
amendment thereto having precisely declared
THAT the powers not delegated to the on''e
States by the Constitution, nor prohibited by II !
the States are reserved to the States respecoNe',
or 10 the people :" ii is incumbent IN ms rs
every other exercise of power by the Federal u'
wr,mpnl, 10 prove, from The Constitution 'ha'
grants the particular power exercised.
The next observation to be made ~ VI
much confusion and lallacy have been throN
into the question, by blending the two cases
rlisas members of hostile nation; aud amen
members of friendly nations. These TWO cas-
are so obviously and so essentially distinct, y
II occasions no little surprise that the d'siihctl
should have been dIsregarded and tEs surpr
Is so much the greater as il apTeGis that the 7
cases are actually distinguished by two separ'
Acts Of Congress, passed a, the same sess''
and comprised in the same publication; me 0
providing for the case of "allen enemies"
other concerning aliens" lndIscnmInattl!i
Consequently extending to aliens OF every ha.
IA peace and amiiy with the United States W
respect to alien enemies no doubt mas oeeh u
mated as to the Federal authority over them;
Constitution having expressly delegated 10 -
gress the power to declare war against any ha''
and Of course 10 treat 1t aud all It's members
enemies, With respect 10 aliens who are
enemies, but members OF n,iions IN peace
unity with the United States. the power asSun
BY the Act Of Congress is denied TO be con
lulional; and it is accordingly against TINS
nal the protest Of the General Assembly Is
pressly and exclusively directed.
\ third observation is, that, we're It adm'ileo
s commended, that the E" Act concerning AlIe
las Tor its objects not penal but preren
justice, it would still remain to be proved hi
comes within the constitutional power Of the
1sFal Legislature and, if within IFS power
'ae Legislature has exercised il IN a cons
hob1l manner
10 The administration Of preventive justice
following principles have been held sacred
some probable ground Of suspicion be exhIt
before some judicial authority; that II be
ported by oath or affirmation that the party
avoid being thrown into confinement by nm
Pledges OF suretes for his legal conduct, suiht
% the Judgment Of some judicial authority
ne may have the benefit Of wit OF haOeas
Pus, and thus obtain his release, II wrongiu'ly
cleo and that he may at any lime De d'scha
ron MS recogaizance, or his confinement an
stored ID his former Liberty and rights, on IN
't o. !hr proper judicial authority II II shai
t aase