The spirit of the age. [volume] (Woodstock, Vt.) 1840-1844, 1840-12-25

smouments depending on the executive will. Adj
to the present legitimate stock, all those of ever
description which a consolidation Of the State
would take from them, and turn over to the Fed
sral Government, and the patronage Of the Execu
tive would necessarily be as much swelled in thl
case, as its preroga,ive would be in the other,
This disproporlonate increase of prerogaiyc am
patronage, must, evidently either enable the Chic
Magistrate of the Union, by quiet MEANS to secure
his reelection from time to time and finally, t.
regulate the succession as he might please; or, b.
giving so transcendant an importance TO the office
would render the elections TO it so violent and cor
rup., that the public voice itself might call for al
hereditary, in place Of an elective successon.-
Whichever of these events mig ht follow, the trans
formation of the Republican system of the United
States into monarchy, anticipated by the Genera
Assembly from consolidation Of the States into
one sovereignty, would be equally accomplished
and whether it would be into mixed or an abso-
lutte monarchy, might depend on too many conlin-
gcnces TO admit of any certain foresight.
The resolution next in order, is contained in the
following terms:
"That the General Assembly doth particularly
protest against the palpabc and alarming mfracons
of the Constitution, in The two late eases OF the
"Alen and SedillOn Acts" passed at the last SEES
sion of Congress; the first of which exercises a
power no where delegated to the Federal Govern
ncn'; and which, by uniting Legislative and Ju-
diciai powers to those of Executive, subverls the
general principles OF Tree Government, rs well as
the particular organization and positive provisions
of the Federal Constitution; and the other Of which
acts exercises, ia like manner, Il power not dele
gated by the Consultation; Int, on the contrary,
expressly and positively forbidden by one Of the
amendments thereto: II power, which, more than
any other, ought TO produce universal alarm; be-
cause it is nyclled agains, that right Of freely ey-
amnn. public characters and measures, aud OF
free communication among the people thereon,
which has ever been Justly deemed the only elec-
tual guardian of every other right"
The subject of this resolution having, it is pre-
sumcd, more particularly led the General Assem-
bly, into the proceedings which they communicated
to the other States and being in Itself Of peculiar
importance, it deserves the most critical and faith
full investigations; for the length Of which no other
apology will be necessary.
The subject divides itself into dri!, "Ths Alien
Act" secondly, "The Sedon Act"
OF the "Aen Act" it is affirmed by the Rcso-
luton, LIST. That it exercises a power nowhere
delegated to the Federal Government I'd. That
it unites Legislative and Judicial powers to those
Of the Executive Sd. That this union of power
subvers the general principles of free government,
4th. That it subveris the particular organization
and positive provisions of the Federal Constitution
In order to clear the way for "a correct view of
the frs, position, several observations will be pre-
missed.
In the first place, it is to be borne in mind, that
1t being n characteristic feature ofthc Federal Con-
stituiion, was originally ratified and an amend
ment thereto having precisely declared, "That the
powers not delegated to 10 U. 5. by the Conslllu-
ton, nor prohibited by it to the States reserved
10 the States respectively, or to the people, it is
incumbent in this, as in every other exercise of
power by the Federal Government, to prove from
the Constitution that ii grants the particular power
exercised.
The next observation TO be made, is, that much
quoslions,by blending the two cases of alicas,mem-
bers Of Il hostile nation; and olicas, memtes Of
Jrieadly nations. These two cases are 50 obyi-
ously and so essentially distinct that il occasions
no little surprise that the distinction should have
been disregarded: and the surprise is so much the
greater it appears that the two cases are actu-
ally distinguished by two separate acts Of Congress,
passed at the same session, and comprised in the
same publication; the one providing for the case
Of "aIian enemes;" the other "conccrning aliens"
indscrimna'cly and consequently extending to
aliens Of every nation in.pcacc and amlly with the
Unled States With respect to alien enemies, 10
doubt has been in;imutcd as to the rclcra!auihor.
ty over them: the Constitution having expressly
delegated TO Congress The power 10 declare war
again,. any nation, and of course TO treat il and all
its members n. enemies Wiih respect to aliens,
who are not enemies, but members Of nations in
peace and amily with the L. States, the power as
suIncd by the act Of Congress, il denied to be Com
stitniiona; and it is accordingly against this act,
that the protest Of the General Assembly i, express
ly and exclusively directed.
A third observation is, that were it admitted, as
Is commended, that the "act concerning Aliens"
has for its object, 10. penal but preventive
justice; ii would sill remain to be proved that it
comes within the Constitutional power of the Fed
eral Legislature: and if within its power, that the
Legislature has exercised it in 4 Constitutional
manner.
In the administration Of preventive justice, the
following principles have been held sacred; that
some probable ground of suspicion be exhibited be-
fore some Judicial authority; tina. it be supported
by oath or affirmation; that the party may avoid
being thrown into confinement, by finding pledges
or sureties for his legal conduct sufficient in the
judgment Of some Judicial authority; tina, he NAV
have the benefit of a writ of haJcas corpus, and
thus obtain his release, if wrongruy confined; and
that he may at any time be discharged from his re-
cognizance, or his confinement, and restored TO bis
former liberty and rights, on the order of the proper
judicial authority if il shall see sufficient canse