Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1840-11-24
a., ,.rctb of which no other apology VIII De heces'

seeondiu, .:The Scdition Act ,.:,.
az ,Ie Alien Act" il is affirmed by the kes"ih'ioh'
lst That it exercises power mownefe aees" an.,.
The Federal Government. I'd. That /, un'les LIE 20
ro md Judicinl mowers TO those OF the Executive ~
That this union of power subVcrts the genera
nrs of free government. Jth That suofer's NV
ticular organization and positive PROVISIONS - way
deral Constitution. ;o,c or Tho
ers nnsit;on. several observations will be prc'seu
In the first place, it is to be horne ~ NM .'.
hoinn characteristic feature oil the coeiat ~
ton nc il was originally ratified, ana an ameho'ne"
,L.,, having precise,y declared, "lhat the powers
M, ,ccoted 10 he T. S by the Constitution nor pre-
hh;,ed Ly il TO the States are reserved TO the
resncctiycly or TO the people, IL rs ~ Go
=, r ac,v other exercise Of power by the fedrfai 20
vernment 10 prove from the So"sl''"'' ~ "
the particular power exercised ,., ,,G
'r TT -, observation to be made, is, that much c"nn-
; nd f,lacy have been thrown into the question: "
,he two cases of aliens, ne'nbersc o. host,s ma
s;on and aliens, members Of friendly nations. lhese
,oo ,ss ore so obviously and so essentially aslihcl
I'm, occasions no little surprise that The DISTINCTION
bo,d h, ye been dsregarded: and the surprise Is 81
- a., GREATER rs appears that the two cases are
n... Wv ,ngnished by two separate acts of Con-
- ,,ss.l nj the session, and COMPRISED III
Tho e,ma publication: the one providing LOT Tue c"se
&c u,,;on enemes; the other "concerhing aiiehs w
Intimately: and consequently extending 10 anens
Sc go. nation in peace and amty with the Unileo
S,,s with respect to alien enemies, no doubt has
hse ,,;,na,ed rs The Federal authority over tieh
the Constitution having expressly delegated 10 Noh
rr.ss ,b mower declare war against any naiio anu
~ con-ee TO treat il and all lis members as enenihs
W;,b rasuec to aliens who not enemies, bnt n'cm-
hors ~ nations in peace and amiiy with the L S!acs,
The mover assumed hy the act of Congress is denied 10
he Constitutional and it accordingly against Tins ac'
that the protest OF The General Assembly eAPitssy
| and exclusively directed.
third observation Is, that were II oon,.eG' 10 y
commended, tina, the "act concerning Aliens, has tor
its object not penal but PrerenSe justice; u woulo
still remain 10 be proved that II comes wtn the ION
s,iiutional power of the Federal Legislature: and u
within lis power that the Legislature has exercised II
i'm Constitutional manner. -
In the administration Of preventive justice the fol-
lowing principles have been held sacred; that some pro-
obc ground of suspicion BIZ exhibited before some J
dcinl authority: that be supported by oath or air
nation: that the party may avoid being thrown into
confinement by finding pledges or suretes Tor ms legal
conduct sufficient in the Judgment OF some judicial an
ority that he may have the benefit Of writ OF hd6edS
corpus and thus obtain his release, II wrongiusy con-
fined and that he NAV at any time be discharged from
his recornzance, his confinement, and restored 10
his former liberty and rights on me order o Inc proper
Judicial authority, if it shall see sufficient cause
All these principles of the only preventive justice
known TO American jurisprudence, are violated ty the
Alien act The ground Of suspicion to be Judged OIL
not By any Judicial authority, but by the Executive
Magistrate alone: oath or affirmation IS required; II
the suspicion be held reasonable by the PRESIDENT or
no may order the suspected Alien to depart the ter
ritory Of the IT, S. wthou, The opportunity o!avodlng
the sentence by finding pledges for his future good con-
duct as the President may limit the time oi departure
as he p,eases benefit of the writ OF habeas corpus
may be suspended with respect 10 the party, although
Tho Constitution ordains that shall not BE- suspended
unless when public safety may require II III case o!
rebellion or invasion, neither OF which existed al lie
passage of the act and the party being under the SEN
fence of the President, either removed from the u -
or being punished by imprisonment or disgualhcatloh
ever to become citizen conviction OF no. obeying
the order of removal he cannot be discharged IRON The
proceedings against him, and restored 10 the dement's
of his former situation, although the hghrSt Judctat
authoriig should the most sufficient cause tor H.
Eut in the last place, it never be admitted, that
the removal of Aliens authorised by the act is TO be
considered not punishment Tor an offence; tut as
measure of precant.on and prevention II The DANISH
ment Of alien from country into which he has been
invited as the asylum most suspicious TO his happi-
ness a country, where he may have formed the most
tender of connections where he may have vested his
entire property and acquired property of the real and
permanent, as well as the movable and temporary
kind where he enjoys under the laws, greater snare
of the blessings of personal security and personal ber
tv than he can elsewhere hope for, and where he may
nave nearly completed his probationary title to clii-
zenshp; it, moreover in the execution OF the sentence
against him. lie is TO be exposed, not only to the ordI-
nary dangers Of the sea- but the peculiar casualties
incident 10 crisis of war, and Of unusual lIccntous-
ness on that element, and possibly To vndicive pnr-
poses which his emigration itself may have provoked:
If punishment Of this sort be not punishment, and
to imagine a doom TO which the name can be applied
IND If be punishment, ii will remain TO be enqur
ed whether il can I've constutonaiy inflicted, on mere
suspicion. by the single Will OF the Executive Rngs-
trate, on persons convicted OF no personal offence
against the laws of the land, involved in any Of
fence against the law of nations, charged the foreign
state of which they members.
One argument offered in justification Of this power
exercised aliens, that the admission of them INTO
the country being OF FAVOR, not Of right the favor IS al
all times rcyocabe.
To this argument it might be answered, that allowing
the truth othe Inference would be proof Of what Is
required. 4 question wond still occur, whether the
Constitution had vested The discretionary power of adj
hitting Aliens, III the Federal Government or IN The
State Governments.
But it be true Inference that because the ad
mission of Alien is favor the favor may be revoked
at pleasure grant oil land 10 an individual, may be
ofavor, not oght; but the moment the grant IS made,
the favor becomes right, and must be forfeited before
| ii can be taken away To pardon malelacior may be
favor, hut the pardon not, that account, the less
irrcvocable To admit an Alien to naturalization, IS as
much favor admit him to reside in the country;
yet i; canno, be pretended, that person nauraized
can be deprived Of the benefit, any than native
citizen can be DISTINGUISHED.
Again, it said, that Aliens not being parties 10 the
Constitution, the rights and privileges whichit secures,
cannot hr at all claimed by them.
To this reasoning ALSO il might be answered, that al
ihonnh Aliens not parties TO the Constitution 1t
does not follow that the Constitution has vested IN
Congress absolute power them. The parties TO
the Constitution may have granted, retained, or mo-
difed the power over Aliens, without regard TO that
particular consideration.
But direc, reply is, that it does not follow, be-
Aliens parties TO the Constitution as c
parties to it, that whilst they actually conform
10 it, they lave no right TO lis protection Aliens are
no, parties the laws, than they parties 10
the Constitutions yet il will no, be disputed, that as
they one hand, temporary obedience, they are
entitled in return to their protection and advantage
lfAliens had rights under the Constitution, they
might not only be banished, but capally punish
ed, without jury the other incidents to fair trial
every part Of the United States that except charges
Of treason an Alien has, besides all the prvi
eges the special ofheng tried by jury, of which
one half may BE- also Aliens
1t is said further, that by the laws and practice Of
nations Aliens msy be removed at discretion, for Of
fences against the law Of nations; that Congress
authorised 10 define and punish such offences; and that
be dangerous to the peace Of society is, in Aliens,
~ III ofa