Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1853-04-16

simply question 10 the powers conferred by that in
strument That the treaty-makng power when legiti-
maey exercised is paramount State legislation, is
readily admitted and that treaties thus made shall be
the supreme law of the land is the language Of the Con-
sttuon itself. But that there is limit to this power
must also be admitted.
This limitation j. expressly defined in the Consti-
tuition itself But may il not be found in the subjects
confded the control and guardianship of the General
Government Is the power conferred to enable that
Government discharge the functions deyoved upon it,
and not the power commensurate with, the hand
and restricted the other the duty be performed
Ii this general criterion is admitted las it is presumed
it will be-, then the question will upon the inquiry
Whether treaty stipulation, such your correspondent
supposes Is inyoved in amy matter committed To the
control Of the General Governments falls within the
sphere Of its appropriate duties or, in other words,
whsshsr or pr mara local
Here TllsFS she dificulty restss 81
s0dr must, Isthink misapprehend the
position Of Mr. BUTLER in supposing it to be that the
United States have jurisdiction land He is too
good urist and without legal learning would have
much intelligence TO advance such doctrine The
General Government has doubtless jurisdiction land
for the special purposes for which created But it
does not follow that il has Jurisdiction land to any
and every purpose, the exclusion of the municipal
power Of the States We still to look for the
line Of demarcation between the National and State
authority.
In determining this line TO regard this question
il presents itself in its practical aspect Some Of the
States have abrogated the old eudal doctrine of aenage
and escheat others have In Of the States aliens
may inherit andin others they may not Whenever then
such treaty stipulation is needed is it not question
of mere local concern Does the treaty effect any thing
than overrule the law Of certain States matter
belonging to their internal policy May not these ques
tons be asked and 10 they deserve consideration.
Further may it be asked what national interest is
involved in such provision? Under what power con-
ferred by the Constitution does this fall Or
which of the subjects committed the of the Gene
raj Government does it apperain If it within the
treaty making power to what national purpose is that
power be exercised? Congress have the power pass
naturalization laws This power provides for the great
purpose of accessons to population and wealth from
Europe. We need treaty for this object Nor does
such treaty make citizens Of aliens 1t does not carry
out the power the purpose Of naturalization which is
proper subject of legislation in order that the rule
should be uniform leaves the foreigner alien STILL
but attempts confer upon him. in that character
tain privileges in certain localities and that in regard
matter which, in itself considered is Of local regua
ton How is this brought within the scope Of Federal
authority! 1t may to extent bear upon COM
merca operations and does the internal police of the
States in other particulars but does this subject to
Federal control
So far precedents may be cited they furnish
gument favor Of the power eontended for but if that
power be questionable upon principle it is clearly ques
ton Of discretion and expedency whether it shall be fur
her exercised An examination of those precedents
not be gone into here. 1t would extend these remarks
}! too far. Two prominent may be noticed. The
treaty with France made before the Constitution
isted and although may be recognised and confirmed
by that instrument yet would furnish very satisae-
tory guide the powers then conferred be exercised
in future
The treaty with Great Britain grew of the peculiar
relation Of the countries The severance of the
pire at the revolution presented this subject of aenage
in peculiar aspect Whether the citizens subjects of
me common country were to become aliens extent
Of forfeiture of their lands by that event. question
clearly appropriate the treaty which
ed and settled the of that Our policy
in regard other nations involves very different
considerations.
Other precedents may be found But there those
who, in view Of the propensity Of all power to
extend ITSELF regard with degree of wachfuness, If
jealousy the operations of Government which may
exhibit tendency consolidation and to encroachment
upon the constitutional authority of the States Such
men may with great propriety hesitate to continue
practice which they may regard being in this serious
| aspect, Objectionable.
The views here presented are by means intended
Of excahcdra determination Of this grave question:
with purpose Of further discussion The writer Of
this has neither the leisure the inclination to prosecute
newspaper discussion. II is possible that he may yet
be satisfied that his doubts this subject unfounded
But the suggestions here made thrown out in order to
show that the subject is not free Of difficulty as some
may imagine and ought not to be passed upon without
serious deliberation.
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