The spirit of the age. [volume] (Woodstock, Vt.) 1840-1844, 1841-01-01
TEE OLD LANDMARKS.
VI 4 SONS REPORT,
COntinucd.l

VI ~ INp " - ~ N I.
ICntiEucd.l
Ir is said thar Congress may grant letters o
marque and rcpriSal; that rcprsals may be made
on persons, as well as property and that the re
movaI of Aliens may be considered as the cxcrcis,
in an inferior degree, of the general power of re-
prisal ON persons.
Without entering infinitely into a question tha
does not seem to require it, it may be marked, thu
rcprisa! is seizure of foreign persons or property
with View to obtain that justice for injuries donc
by one State or its members, to another State Oh
It's members; for which refusal of the aggrcssol
requires such resort to force under the law of ma,
lions. 1t must be considered as I'm abuse of word,
to call the removal of persons from country, q
seizure or rcprisal on them: nor is the distinction
TO be overlooked between rcpriSals on person,
within the country and under the faith of is laws
and ON persons out Of tha country. But, LAYING
aside these considerations, il is evidently impossi-
be to bring the A'cn act within the power of grant
Ing rrprSals; since it does not alIcge or imply any
injury received liomany particular nation, for which
thi, prorrrdip, ,.,;ns, H. u,c,,or. ,,.o, ;,,o,l
as Il rcparaion. The proceeding is authorised IL
gainst Aliens Of crcry aoiioa; Of nations charged
neither with any similar proceeding against Amcgi-
can citizens, nor with ony ioiprics ia, vbich n.-
tee might be sought, in the mode prescribed by the
act, Were il true, therefore, that GOOD causes en-
i'rd for rcpgi'1ts against ON OF moe r,,t4a oa-
lions, and that neither the persons nor property OF
lis members, under the faith of our laws, could
plead an exemption; the operation Of the net ought
to have been limited TO the Aliens among Us, be-
longing 10 sncI'nalion 70 IIccncc rcprsas against
all nations, Tor a4greSsicns charged ON ore only,
wo"d he measure rs contrary to every principle
OF justice ana Ppbll; law, as to wise policy, and
The universal practice OF nations.
II Is saId' that the rlsh' OF removing Aliens isTn
'nride"t to the power Of war, vested in Congress
b! The Consultations
Tins Is Former argument in new shape only:
an" Is answered by repeating, that the removal of
AI''n enemies Is an incident to the power Of war;;
That the rcmoya! of Alien friends is not an incident
TO The power oIwar.
II u said, lhn' Congress are by the Constitution
to protect each State against INVASION; and that the
means of ptcrc4'7g invasion are included in the
power of protection against it.
The power Of war III general, having been before
granted by the Constitution; tins clause must Ell
Their be mere specification ior greater caution and
certainty, Of which there are other examples in the
instrument; OF be the Injunction Of a duty. super
added to u grant of the power. Under either cy-
PLANTATION, it cannot enlarge the powers of Congress
on the subject. The power and the duty to pro-
icct each State arln.t all invading enemy. wou!d
be the sane under the general power, if this regard
10 greater caution had been omitted.
Invasion is an operation eff yar. To protcc,
asains, invasion is IN exercise of the power of war
\ power. therefore. not mcilsn; to war. cannot be
incident TO 4 ngriicu,or Modification If war And
rs the r,moyuI Of alien friends h,s pppcorcd IN be-
no incident ia n p,ncrol stat, oc war !, c,pc,, bc
mrilcn, TO Il partial state, or Il pgrticulnr ucdiiiro
ton Of war.
Nor can /, ever he granted. that novor :, no,
on a case, when itarfrnlly occurs. includes now
er over all the means that may lend 10 grcrrgt the
occurrence Of thc ease. Such h,tpdc of con-
s,ru,iion would render rnayaIling. every procti,o-
BE definition Of Particular and limited po,yrrs Tn.