Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1849-05-25

tools OF mechanics, their clolning, &c ' ""'
duties, presents itself 10 my Di0e. = """ "'
ing in logical integrity, ana = "ne'
ly destructive III positions Wh'ci inpSe ~, WI.
urge This argument, elsewhere mana'n. An'
exemption allowed by Congress can correctly
be made TO signify nothing more than this: lha'
the general government viii not levy duties on
the private effects of certain classes of persons
WHO NAV be admitted INTO The country. Blu! oy
,uy rule of common sense, can this exemption
be made 10 signify permission to those persons
10 land al all events in the States II asserts
or implies no such thing, much less does 1t con-
rey a command, or The power TO issue COM
mand TO the States 10 admit them. Must not
this benefit of exemption from duties De always
IN endowment subordinate TO and department upon
The rich, Of the owner of The proper exempted
10 enier the country, This IS inevitable, IN
| l.ss II he contended that q mere fornrar,hce to
exact duties on the property, IS iientiral with
ordering The admission Of lis owner; thus max
ing The man The rcdent of the property. and
moi The property that Of the man. Teducto IN
obsnydvm. which cannot be escaped from oy
those VINO deduce the right Of admission from
The ACT of Congress. But are those who assume
,his ground aware lnat II is destructive OF other
positions which they themselves have not only
COZ coded, bu, even insist upon They have
admitted The power or right ol self preservation
4 N The States. am as a mean OF securing this
I right, the power of excluding Ielons, con'lcts
| manners and persons infected; but according TO
IN. argument based upon the acts Il Congress
and on The treaty siipuiaiions ior Tree access
and commorancy, all must be permitted TO land
ami 10 remain; Tor these acts OF Congress ana
treaty s,Inulalions, contain no exceptions IN Ia
| f.ty ,T 1 h. Ct thny
and m tbelrte rlde over ali such considera-
tions as health, morals or security amongst The
people Of The States. This argument cannot
he maintained. The trae Interpretation of
Inc &C, oil Congress referred 10 is this: tools,
cloh ng, AMI personal properly OF mechanics,
are goods, caattk, imports in The known and
proper sense 81 hs term imports; Congress hav-
ING under tne constitution The power IL impose
nuur> On these possess The couelativc right OF
caelnp ny hem itam tuties; tins they have zone,
and trh:ne beyond THIS. Congress nave mol
PRETENDED I, declare permission % The mechanic,
or 10 any ntner description II person, drttly To
come no The STATES, because they have no such
cirect power under the constitution, anc cannot
assume exercise II indirectly.
nov n.lder he second head OF objection 10
the legls alton Of New York, as piopunnded in
the DIVISION stated in The commencement oil ms
opinion, VIZ The alleged right oil Congress 10
regulate exclusively me admission OF aliens, as
night comprehcnded within The Commercial!
power, or within some other implication IN the
CONSTITUTION.
Over aliens, qua aliens, no direct authority has
been Delegated 10 Congress by the constitution.
Congress nave he right 10 declare war, aud they
are bound 10 The luiy Of repeiiing invasions
They have the power too, to establish UNIFORM
RUE Of naturalization. By an exercise OF the Tor
mrr power Congress can place IN the CONDITION
Ui alien enemies all VINO are under allegiance 10
nation in open war with The United STATES, by
an exercise CT the second, they car extend 10
alien Trends the c, mmun privileges OF citlZeDs
Beyond these predirameaIs pun by The consilIu-
ion and arising out oi The law OF naIions where
i, The power in Congress To deal win aliens as a
class, al all; and much more The power when ial-
Ing within neither at the foregoing predcd-
ments IL invite them TO- or 10 repel Them from,
our shore or 10 prescribe the terms on
which in The first instance they shall have
access 10, and if they choose, residence
within the several States; and This too, regardless
Of the considerations either OF interest or saiciy
deemed important by the Safes thems' lyc>2-
the constitution, con!essstly, has delegated no
such direct power 10 Congress, and u never can
be claimed as auxiliary 20 that which, IN det
mite and tangible form can no where be fouhd
within that instrument.
TIE power 10 regulate The admission as I'M
piled in Inc right of Punishment OF deportation
vr aliens not The citizens or subjects OF nations
in actual war with he United States: vas Al one
period oil our history assumed by The ledera! gov
ernmrnt; and d succincl review Of the arguments |
by which This Pretension was sought 10 be sus- |
famed must expose lis absolute fallacy
Congress, il was insisted, could exert this pow
er under the iQ1 OF nations 10 which alleys are
properly amenape. To this il was answered, |
mat under Inc law uf'natons, aliens are respon- |
sihe only tor national offences offences in which
heir nation bears a pau-they are men amen
enemies. The alien friends on The e'her hann |
owe temporary allegiance 10 The government
under when they reside, and 1Or Their 'n4't'lu-
al offences committed against The Laws O. Gat
government, they are responsible As ''.... t'-a-.
bers Ol the community 10 The mnn'ipe
Again: il was asserted mat the iishi
red in Congress under the power 10 ma {.
and un:ef Inc power aud tne duiy W =
ya,ion. The obvious reiuaurn | q tfsn
meu was furnished in The reply, ~, zen
friends could no. he he subjects Of WI nuolic
national conflict, nor in any sense lne M fu'
mens OF hostile invasion, .uch Invasion Delns
an operation Of war. Neither cnuid they tall
within The power vested ny the c"Estruion 10
grant lctlres ol mafqnr aud Trrr'sa, as an eqni-
vocal authority paflakin. Il The Characters
OF war and peace; "ferri>a being SEIZURE 81 Tor
elsn per, ons and property, win view TO uoiain
that Justice tof injuries done ny one SIZE or us
memueTs, for which refusal ul The agsfessofs
reouires such a resort 10 force under The law OF
nations. II must be considered as An abuse oil
yords TO call me removal ui persons from
country selZnie or Ieprisal on tAem; nor is
he d >,inclion 10 be overlooked between reprisal
IN persons within the country. AMI uhGtr me
ann OF ~ iarS and on persons on 81 ne coun-
ry." [Madlsons Repor. | may, th'n, be cor
eciy affirmed, mat By no inec delegation ~
lower by III constitution mol b. lie po:er 70
eciatc waf-nrl by The COVER 10 make rcprsal>
-nol by The more general power 10 puni>h q
euc.s against The laws ot nations, nor py inc
love: ami tuiy u iepeillng Invasion, has M
isht BEEN gwen Ia Congress "a regulate elmer thf
tmss,un Or The expulsion al alien ufncs. Does
hen right result from am RATIONAL or hrcc>saiS
hplicaIon contained in The coa,tituion3 W.
mi mat even anterior Il the adoption Il this ~
lrnmeni attempts were made IL ascnhe 10 II m
IsI,.arlun Of such power by III. ninth section |
'Inr II s. aftIcir, and his a>cip ION wa >tfenn-
lIiv uIepd a Icasoh against lis adoption. -
ne objection. whether talfly or uucdHGtiy urged,
as founded 10 inubl upon 5, me- aInbi.ury .:
nnuagc 81 he nintn seciion; an ambigu ~ pc. /
cry explained by cutempurdhcous exposition,
nd by the wrIaen history 81 rs progress and u
NAE adoption. Lei US see how his section has
en- lnterp pr ri al II. date by those who bore The
iii pau III the formation Il The constitution; ami |
No. 10 comment il when Completed 10 heir |
untfymen, undertook and accomplished an abb |
ID crilcal Ipo>llion 81 lseverg term, W. shall
he lhe alm, O. unanimous declaration II these
o,s that thr clause and article in question was |
,pn..t ia appIy 10 he African slave trade ami |
mo ohef ma,er whatever Thus in the 42'
IN. bcr u me Federalis', il is said BY Nj. Mad
m sueakins ol tn section aud article III ques-
n: III were doubtless 10 Re wished ihal ne |
w., al prohibiting the Importation OF s.. ues had
teecn postpone uniIl the year 1908, or rather
Al Il had been suffered 10 have immediate one |
inn. Blu, /, is aol dfficn. TO account either Tor
q rp,.flcion an The general government, or for |
ccmaunrr in which The whole clause IS express
Iluusht 10 be considered a a great poin, |
inea in avor nt humanity, thai period Of
l.r.y years may terminate forever within these
,tes traffic which has 20 loag and So loudly