The Arkansas banner., 1845-11-26
No. IL.

Is Il UlFGCt Ottdtti Ct LIE SOaSaluti0H, winch provides, by tue 9lh section of the 4ret afti- cle, that inc migration or imporiationof such persons us any ol the States shall think pro per 10 admit, afatl nat ba prohibited by the Congress, prior to lhe year t&08.n
 Among sheanawefs given this objection to the constitationali,y of the Act, the foi- lowing very remarkable one is extracted
 ''Vhirdiy, that, as the Constitution has qie- zen Q tRe Siaiss 10 power .o remove Aliens during the period of the limitation under coil sideration, in the mean time, on the lhe eon- strncuon assumed, there would be no author fly in the country empowered to send away dangerous Aliens; which cannot be admit ted.o
 The reasoning her used would not in any view be conclusive, because there are powers exercised by most other Governments, which n the United Slatea, Rra wilhae,d bv tue peo- pie, both ilom the Ceaefal Government aad From tho State Governments. Of this sort are many of tie powers, prohibited bg the declarations of rights prelixed to the Const- truons, or by the clauses in the Cousi!a- lions, in the nature of such declarations. Nay, so iGr is the political system of ths U. States distinguishable from that of other countries, by the caution with wl.ich powers are delegated and deGnel, th&l, in one very important case, even of commercial requla- tlon and revenue, the power Is absolutely locked up against the hands of both Govern- ments. X tax on exports can be laid EY no constitutional authority whatever. Under Il system 'hns peculiarly guarded, there could surely be no absurdity in supposing that Ali- ea friends, who, II guilty of reasonable ma- chinatons, may be punished, or, if suspected on probable grounds, may be secured by pledges orimPrisonment, in like manner with permanent citizens, were never meant 10 Ge subjected to banahment by any arbitrary and unusual process, either under the one Gov ernment or the olher
 But, il is not the iaconclusiveness of the general reasoning in this passage, which chiefly calls attention to it. it is the pin elple assumed by il, that the powers held by the States are giYeu to them by the Consti- tutlon of the U. States; and the inference from .hls principle, that the powers supposed to be necessary, which afe not so given to the State Governments, must reside in the Government of the U. States.
 The respect which is felt for every DOT ton of the constituted authorities, forbids some of the reflections which this singular paragraph might e2ete and they are the more readily suppressed, as il may be presumed, wliA justice, perhaps, as well as candor, lhal nadyeriance may have had its share in the error. It would be an uhjuStidable delicacy, nevertheless, 10 pass by so portentous claim, proceeding from so high an authority, with out monitory notice of lhe fatal tendencies withsswhieh 1t would no be pregnant.
 Lastly, il i5 said that law on the same subject with the Alien Act, passed bY this State originally in l78J, and fe-anaeled ii l792, IS proof that summary removal of suspected Aliens was not heretofore regard- ed, by the Virginia Legislature, as liable to the objections HOW urged againstauch a mea- sure.
 This charge against Virginia yanishes be- fore the simple remark that the law of Vir- ginia relates to suspicion persons, being the subjects of any foreign Power or State who shall have made q declaration of war, or ac- tually commenced hostles, or from whom the President shall appgehend hostile de- signs whereas the Act of Congress relates to Aliens, being ille subjects of foreign Pow CTS and States who have neither declared Wal nor commenced hosliiities, nor from whom hostile designs are apptehended.
 II. It is next affirmed, of the Alien Act that t unites Legislative, Judicial, and Exc culiye powers, in the hands of the President
 However difficult il may be to mark, iF every case, with eiearae5s and certainty, tht line which divides the Legislative power iron the other departments of power, all will agree l thatthe powers referred 10 those departments may be so general and undelined a5 to be ol a legislative, moi of all executive or judicial nature; and may for that reason be aneonsti- tQtioual Details, 10 a certain degree, ire es- scntIal b the nature and character of . law and on criminal subjects t is proper that de- tails should leave as little as possible to tho discretion oi those who are to apply and ex- ecHte the law. Ii nothing more were requir- ed, in exercising a legislative trust than | general conveyance of authority, without lay ing down any preciae rules ny which the all. l thority conveyed should be carried into ef feet, il would follow that tue whole power o legislation might be transferred by the legis. lature from itself, and proclamalions nigh become substitutes for laws. 4 delegation Q power in this latitude would not be denied to be a union of the different powers.
 To determine, then, whether tke appropi ate powers, of the distinct departments art united by the Act authorizing the Executiy, to remove Aliens, it must be inquired wheth CT it contains such details, definitions, anc rules, as appertaas to the true character o law; especially a law by which persona liberty is invaded, property deprived of it value 10 the owner, and life itself ndirectl, exposed to danger.
 The Alien Act declares that 1t shall b lawful for the President to order all sneh Ali ems as he shall judge dangerous to the peac aud safety of the United States, or shall hay reasonable ground to suspect are concerned i any reasonable Or secret machiaations again; the Government, therefore, to depart,' Sc.
 Could power be given in terms less je finite, less particular, and less preciso2 T be dangerous 10 tbe public Sofety; 10 de SIS pected ot seeret utaetinatjoRs against the Go vernment; these can never be mistaken fo legal rules or certain definitions. They leav every thing 10 the President. His will is th
 law
 But it is not a legislative power only tha