Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1849-05-01

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power in the United States and the States as to
who should and who should not be permitted to
reside n State, would be direct conflict OF
powers repugnant to each DINER con'lnuai9
thwarting and defeating its exercise by either,
and could result in nothing but disorder and con-
fusion
aoain. II the State has The right 10 exclude
from lis borders any person or persons whom II
NAV REGARD as dangerous 10 the safely oil It's cltl-
zsns il must necessarily have The right 10 decide
when and towards whom tins power is 10 be ex.
ercised. Ii is ia lis n IRE discretionary pow
er, TO be exercised according 10 The Judgment OF
The party which possesses u. And Ii mus, there
fore res, with the Stale To determine whether any
particular class or description OF persons are
likely 10 produce disconlenIs or Insurfecllon 10
its territory, or 10 faint the morals OIL us cilizehs
or 10 bring among ihem contagious diseases, or
the mora evils aud burlhcns Of numerous pau
per population; Tor, il the General Government
can, in any respect, or by any form OF lcslsla-
lion, control or restrain Stale in he exercise OF
This power, or decide whether il has been erer.
cised with proper discretion, and towards proper
persons, and on proper occasions, then me real
and substantial power would be in Congress, and
moi in The States. In the Cases decided IN inns
Court, and hereinbefore referred 10, The power OF
determining who is or is not dangerous 10 Inc
interests and well being OF the people oil inc
Stale, has been uniformly admitted to Tesiue III
the Stale.
think it therefore TO be very clear, both upon
principle and the authority oil aoluosed cases.
that Inc several States have right TO remove
from among their people, and 10 prevent from
entering the State any person, or ciass or NC.
scr;ption OF persons whom it may deem dan
rerous or injurious TO The interests ana welfare
tb.t tha tafa hos H.
s;ye right to determine in lis sound discretion
whether the danger does or does not exist, Tree
from the control Of the General Government
This brings me to speak more particularly oil
the Massachusetts law now under consldcla'
ton. l, seems that Massachusetts deems The
introduction Of aliens Into the State from loregn
countries likely 10 produce IN The Stale hume
rous pauper population, heavily and lnlurlously
burtbeusome 10 lis citizens. IL would De easy
to show, from the public history OF Inc ZINES,
that the apprehensions OF the state are wei,
| founded; that fearful amount OF disease anu
pauperism is daily brought TO our shores 10 emf
grant ships; and that measures OF Precauuoh
and self.defence have become aosoiu1eiy heces'
sary on the Atlantic border.
But whether this law was necessary or not IS
not question fer this court, ana tofoear
therefore TO discuss its justice and necessity
This court has no power to inquire whelher a
State has acted wisely or Justly IN the exercise
of lis reserved powers. MASSACHUSETTS haa 'he
sole and exclusive right to Judge Tor herseii
whether any evil was to be apprehended from the
; m.e, of alien passengers from foreign
countries. and in the exercise of her discretion
che had right 10 exclude them if she though!
nroper TO do so. OF course, do not speak OF
i ar
reign governments. Undoubtedly no State has
a right TO interfere with the Tree ingress OF per
sons Of that description. But there does mol
apnear 10 have been any such among the alien:
who are the subject OF this suit, and no question
therefore can arise on that score.
Massachusetts, then, having The right 10 refuse
permission 10 alien passengers from fofeisI
countries to land upon her territory, and Inc Figh
| n reject them as class OF description oil per
sons who may prove injurious 10 her interests
was she bound 10 admit or reject Them wilhou
re,crye2 Was she bound either 10 repel ihen
Extraordinarily "a adrI! them aOs9 So. a. a'. a.
upon such securities and conditions as she sup
posed would protect the interests OF her own ell
Gems while il enabled The Stale 10 extend The off
ces OF humanity and kindness 10 The sick an
he prss s;ranger2 There is certainly no provi
sion in the Constitution which res,rains the pow
er o. the State in this respec. And il she ma.
reject altogether, II follows iha. she may admi
upon such terms and conditions as she think
proper; and il canno, be material whether The Sc
curly required be bond 10 indemnify, or II
payment Of certain sum Of money.
In case where parry has discretionary
power 10 forbid or permit an acl 10 be done, a
he shall think best for his own interests, he j
never bound absolutely and Internationally Il
forbid or permit it. dc may always permit
upon such Terms and conditions as he Suppose
will make The act compatible with his own int
rests. know no exception 10 The rule. An in
dividual may forbid another from digging diici
through his land 10 draw of water from the pro
pcrty 0. the party VINO desires The permission
YET he may allow hin 10 do il, upon such condi
lions and terms as in his judgment are suffcen
10 protect his own property from overflow. Ant
Tor this purpose he may either lake bond ant
security, or he may accept sum of money il
lieu Of il, and AXE upon himself The obligation 0
guarding against the danger. The same pTinci
pie mus, apply 10 governments who are charged
with The duty OF pro &c ting their citizsns.
Massachusetts has lc2islated upon this pliaci
pie. She requires bond aud security from one
class Of aliens and from another, which sh,
deems less likely TO become charseable, she &C
cep!s sum OF money, and lakes upon herself lht
obligation OF providing remedy for the appIe
hended evil.
do not understand that Inc lawiulncss OF III,
provision for taking bond, where The emisranl,
are actual paupers and unable 10 gain iyel
hood, has been conlroyened. That question, il is
true, is not before US in this case, but The right o.
the Stale 10 project itself against The bnrthen o
supporting those who come TO US from European
aims. houses seems 10 be conceded in The argu.
menl. Yet there is no provision in The Consliiu.
ton OF The United States which makes any dis
tincton between ditiefen descriptions OF aliens
| or which reserves The power II the State as 10 one
class and denies il over the other. And il no
such distinction is TO be found in the Consti;u-
ton, this court cannot engrafl one upon ii. The
power Of the Sac as 10 these two classes OF
aliens must be regarded here as standing upon
the same principles. II is in its nature and es-
sence discretionary power, and il j! resides in
the States as 10 The poor and The diseased, must
also reside in them as TO all.
10 both cases the power depends upon The
same principle and the same construction OF the
Constitution Of the u S.; upon The discretionary
| power which resides in Stale to determine from
| what person or description of persons the danger
| OF pauperism is 10 be app!ehended, and 10 pro.
vide the necessary safeguards against II. Most
evidently this court cannot supervise The exercise
OF such power by the State; nor control nor re-
| gulale il; nor determine whether The occasion
| called for il; nor whether the funds raised have
been properly administered. This would be SUBJ
stlung the discretion Of this court for Inc disce-
,ionary power reserved 10 the Stale
Moreover, if this Court should undertake 10
exercise This supervisory power, il would take
upon iseli duty which ii is utterly incapable OF
discharging. For how could this Courl ascertain
whether the persons c!assed BY The boarding off,
Ger Of the State as paupers belonged 10 that de-
nomination or mott How could il ascertain what
had been the pursuits, habits and mode OF life OF
every emigranl, and how far ne was liable 10
lose his health and become, with helpless tami-
y charge upon the citizens OF The Siate2 How
would il determine who was sick and who was
welIl Who was rich and who was pooI1 Who
was likely 10 become chargeable and who mott
Vel all this must be done, and must be decided
100 upon legal evidence, admissible in court OF
Justice, il il is determined that The Stale may pro-
vide against the admission Of one description Of
aliens but not against anotheI that il may lake
eacrr;,;ao oea;nsf manners and nprSnnS disea cod