The spirit of the age. [volume] (Woodstock, Vt.) 1840-1844, 1841-01-01

| HC huCtlhc on Nillcn lls argument l. louhuCu
is OF so new and 50 extraordinary a character, an
strikes so radically at the political system of Amer
lea, that it is proper to state it in the very word
ofhr report;
"The act concerning aliens is said to be I'm
constitutional, because 10 remove aliens, Is ii drcc
breach of the Constitution, which provides, by tht
9Th section of the !st article: that the migration
Importation of such persons as any one otlhe State
shall think proper to admit, shall no! be prohibited
by the Congress, prior 10 the year 1908"
Among the answers given to this objection TO the
cons,iloliona,y of the act, the following very re,
markabc one is eNtraotcd;
"1hirdly, that as the Constitution has girea ID
| he H'm'es, no power to remove aliens, during the
period Of the Imitation under consideration, IN the
meantime, on the construction assumed, there
would be no authority in the country, empowered
To send away dangerous aliens, which cannot be
admitted"
The reasoning here used, would not in any view,
be conclusive; because there are powers exercised
by most other Governments, which, in the United
States are withheld by The people, both from the
General Government and from the State Govern
mcnls. OF this sort are many of the powers pro-
hibi,ed by the declarations of right preIiyed 10 the
Constitutions or by the clauses in the Constitutions,
in the nature of such declarations, Nay, so far is
the political system of the United States distiil-
guismble from that of other countries, by the eau
ton with which powers are delegated and defined;
that III one very important case, even OF CONNER
caI regulation and revenue the power is absolute
~ locked up against the hands Of both Govern
mcnts. a tax on exports can be laid by no Con-
s,,uonal authority whatever. Under system
thus peculiarly guarded; there could surely be no
absurdily in surprising, that if alien friends, who if
guilty of reasonable vaccinations may be punish
ed, or if suspected on probable grounds, may be
secured by pledges or imprisonment, in like man
ncr with permanent citizens, were never meant to
be subjected to Punishment by any arbitrary and
unusual process, either under the one Government
or the other.
But, it is not the "Reminiscences Of the general
reasoning in this passage, which chiefly calls the
attention TO it. 1t i, the principle assumed by it,,
tina, the powers held by the States, are given 10
them hy the Constitution of the L. =; and the in
ference from this principle, that the powers sup
posed to be necessary whichare not so given TO the
State Governments, must reside in the Government
of the Z. :.
70 .,-prl,, oni,i j. r. i"r every ror,ic" Of
the constituted authorities, iorhids some of the re-
Elections which this singular paragraph might eX-
cite and they are the more readily suppressed, as
il mny be presumed, with justice perhaps, as well
as candor, that itaarcrcnrc may have had its share
in the error. It would be an unjus,iablc dcIiracy,
nevertheless, TO pas. by so porcnous claim, pro-
cccding from 50 high an authority without Il monl-
tory notice Of the fatal tendencies with which it
won'd be pregnant.
Lastly, it is said, that law OH the same subject
with the Alien Act passed by this State, Originality
in l7sj, and rc-cnactcd in 1892, is proof that
summary removal Of suspected Aliens, was not
heretofore regarded by the Virginia Legislature, as
liable to the objections now urged against such
measure.
This charge against Virginia vani>hcs before the
simple remark, TINT The law of Virginia relate, to
- suspicious persons being the subjects Of any for
cinn power OF State, who shall have modc de-
clqro'ioa Of wor, or actually co@mc1cei hoaHi-
tic', or from whom the President shall apprchcnd
hostile deyigne;" whereas the act of Congress re-
latcs to alicrs being the subjects of foreign powers
and States, who have nc'iicr dcclorci car, nor
commenced hos'iiHics, nor from ,chom hostile de-
signs are epprciendcL
H. 1t is next affirmed of the Alien Act, that it
unitcs Legislative, judicial and Executive powers
in the hands of the President.
However difficult it may be 10 mark, in every
case with cIcnrucss and certainty, the line which
divides Legislative power, from the other depart
mcnls of power; all will agrcc, that the powers
referred to these departments may be so general
and underlined, MS 10 be ola Legislative, not of an
Executive or Judicial nature, and may for that rca-
gree, are essential to the nature and character Ola
law; and on criminal subjects, it is proper, that
details should leave little possible to the dis
creon Of those who are 10 apply and 10 execute the
law. II nothing more were required, in exercising
Il Legislative trust, than general conveyance Of
authority, without laying down any precise rules,
by which the authority conveyed, should be carried
into cinct. it wonld follow, that the whole power
Of Legislation might BE- transferred by the I.cgisa-
,nrc from itself, and procama'ions might become
for laws. \ delegation of power in this
latitude would not be denied to be union of the
different powers.
10 determine, then, whether the appropriate
powers of tie distinct departments are united by
the act authorizing the Executive 10 remove aliens,
it mus, be enquircd whether it contains such de-
tails, definitions and rules as appcrtain TO the true
character Of law by which personal liberty Is in
yadcd, property deprived of its value to the owner
and lie Itself indirectly exposed to danger.
The Alien Act declares, " That it shall be law
Iul for the President TO order all such Aliens as he
shall Judge dangerous 10 the peace and safety oil
the t. s., or shall have reasonable ground to sus-
pcci, are concerned in any reasonable, or secret
IL.