Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1840-11-24

,,,,;or. The general practice of nations, disun
:"Lns bs,reen Alien friends and Alien enemies
:rhe latter il has proceeded against, ACCORDING "
the law of nations, By expeii'ng 'he' as CIV, %
Il farmer il has considered as under local ana 'e'
-, ,I,ea;nnce and entitled 10 a correspondent pro-
cction II contrary instances are TO be iound IN
arous countries under underlined prerogatves OF anu
revolutionary dangcrs they wiii no, oe ueeeu ~ a
ceden,s for the government OF The Ohea staes' e''
r mn, beyond lis Constitutional authority
II is said that Congress may grant letters OF ma'que
md renrsa that reprsas may be made on persons, as
o,l ns nrope,,y: and that The removal OF Aliens hay
be considered as the exercise IN IN inferior
the general power of reprisal on persons.
Wthout entering infinitely into question that docs
mn, seem TO require IL it may be remarked, that re-
,ri,, is seizure Of fore persons or property, Win
y;eu, to obtain that Justice fol injuries done by one
SIT, mr. ;ts members to another State IFS members;
for which, n refusal of the aggressor requires sucn
resort to force under the law OF nations IL must DC
considered as an abuse of words TO call the removal o
persons from country, SEIZURE OF reprisai on te
mr. il The distinction TO be overlooked between reprIsals
an nersous within the country and under the faith OF us
laws and on persons out Of the country. But laying
aside these considerations it is evidently Impossible 10
briup the Alien act within the power OF granting rePr-
sals; since il does allege or imply any injury re-
c;ved from any particular nation, for which this pro-
cecding against its members was INTENDED as rfpa'd
lion. The proceeding is authorised against Aliens 81
ereru nation: of nations charged neither with any SIM,
lar
any INJURIES for which Justice might be sought, IN the
mode prescribed by the act. Were IL true, therefore,
that good causes existed for reprsals against one or
more foreign nations, and that neither the person. nor
property Of lis members, under The iah Of our
could plead an exemptions; the operation OF the act
ourht to have been limited to the Aliens among US,
bcionrinp 10 such nations To license repsas against
all nations for aggressuns charged on one only, wonld
be measure contrary 10 every pr'nciPle oil justice
and public law, rs to Wise poicy, ana TIE unheisai
practice of nations.
1t is said that the right of removing Aliens an in
cdent to the power of war, vested IN Congress os 'e
Constitution.
&c answered by rcpea,ing that the removal oil Alien
f enemies is an incident the power OF war; tal the
removal of Alien friends, is not an incident TO the pow
or of war.
ro,oct each State AGAINST invasion; and that the means
NJ Dr,rrutpr invasion arc included in tie power oil
protection against H.
The power of war in general, having been before
granted by the Constitutions this clause must 'ither DE
In mere specification for greater caution and cerainty,
of which there are other examples in the instrument
or be the injunction Of duty, superaided 10 4 grant
of the power Under either explanations it cannot en-
, large the powers of Congress on the subject The
power and The duty TO Protecteach State al
yaiing enemy, would be the same under the genera
power, il this regard TO greater caution had been omit
ted
Invasion is an operation of war. To protect against
invasion is exercise Of the power OF war power,
f therefore not incident 10 war, cannot be inc dent 10
particular modification Of And as the removal OF
alien friends has appeared 10 be incident to gene
raj state of war; cannot be incident to patia state,
or a particular modification of war.
Nor can it ever be granted, that power - act on
case when it actually occurs, includes power over
all the means that may tend 10 prerent the occurrence
Of the casc. Such latitude OF construction would
render unavang, every practicable definition OF par
tcular and limited powers. Under the idea oil pre-
INV. rtIcu-
lar, not only lndscrmlnne removal OF a.! Aliens
might he enforced but thousand other things still
more remote from the operations and precautions ap-
purtenant 10 war, might take place bigoted or ty-
; ranncal nation might threaten with wal, unless
certain religious political regulations were adopted
BY u.s. yet could be inferred, if the regulations
which would prevent war, were such as Congress had
otherwise power TO make, that the power to make
them would grow out Of the purpose they were TO an
swer. Congress have power 10 suppress nsurections
vet it would not Gc allowed TO follow, that they might
employ all the tendngt to prevent them; OF which
system Of moral instruction for the ignorant, and Of
provdent support for the poor, might be regarded as
among the most eiicacIous.
One argument for the power of The General Govern
: ment aliens, would have been passed in 81
ence if il had appeared under any authority inferior to
that Of report, made during the last session OF Con-
arcss TO the House Of Representatives by Committee
. and approved by the House. The doctrine which
this argument is founded, is of and extraor
binary character, and strikes radically at the poll
teal system of America, that it is proper TO state il in
the very words Of the report
"The fconccrning aens.l is said to lie unc"ns;
tu,iona because TO remove aliens, - direct breach
" of the Constitution, which provides, by the 9TH sec
" ton Of the 1st article that the migration or npor
tation Of such persons any one Of the States shall
think proper 10 admit shall not be prohibited by the
" Congress, prior TO the year lS0S.
Among the answers given to this objection to the
consttutonay of the act, the following very remark
. able is extracted:
,,,o - b,, ~
" States, power 10 Aliens during the period
o " OF the Imitation under considerations in the mean
time the construction assumed, there would be nc
I" authority in the country, empowered to send away
= " dangerous aliens, which cannot be admitted
The reasoning here used, would not in any view. be
e conclusive because there powers exercised by
most other Governments which, in the United States
are withheld by the people, both from the Genera
Government and from the State Governments. Oh
this sort are many of the powers prohibited by the
declarations Of right preixed TO the Constitutions
or by the clauses in the Constitutions the nature
such declarations. Nay, so far is the political sys
TEN Of the United States disnguishable from that OF
other countries by the caution with which powers are
S delegated and defined that in very impor,an,
case even Of commercial regulation and revenue the
power is absolutely locked up against the hands o
both Governments. tax exports can be laid by M
Constitutional authority whatever Under system
thus peculiarly guarded there could surely be alb
surdy in supposing that if alien friends, who if guilty
Of REASONABLE, Vaccinations may be punished Ifsns-
pccted probable grounds may be secured by pledges
or imprisonment, in like manner with permanent citi-
zens meant 10 be subjected 10 punishment
bY any arbitrary and unusual process either under the
one Government or the other
Bat il is not the Inconsistencies Of the general rca.
soning in this passage which chiefly calls the attention
il, 1t is the principle assumed by it, that the powers
held by the States given to them by the Consttu-
ton of the U s.; and the inference from this principle,
that the powers supposed he necessary which not
given TO the State Governments must reside in the
Government Of the U. S.
The respect, which is felt for every portion Of the
constituted authorities, orbids some of the reflections
which this singular paragraph might excite and they
are the readily suppressed may be presumed,
with justice perhaps, well candor, that nadvert-
encc may have had its share in the Il would he
an uni ustfabe deicacy, nevertheless TO pass by so
portentous claim, proceeding from high autho-
rity, without montoy notice of the fatal tendencies
with which il would be pregnant.
Lnstly, il is said that law the same subject with