Xfje te*
PHILADELPHIA,
TUESOAY EVENING, FEBRUARY $•
Mr. Ff.nno,
I fend you the address of the minority con
fining of 58 members in the Houfeof Dele
gates in Virginia, which the address <?f the
majority rendered liecefTary for explaining and
juftifying the opinions of the minority. This
ma Iter ly performance, while it does the high
est honor to the talents and patriotism of
the minority, cannot fail to have the happi
est effeft in removing the errors and prejudic
es concerning the general government, which
are entertained in Virginia, or in apy other
state. §0 found 111 principles, so strong in
argument, so elegant in exprefiion, its elo- ;
quence is irrefiftable ; it has given a decisive ■
blow to the antifederal party in that state, |
whose downfall may be dated from this epoch. 1
The general assembly of Virginia closed 1
its felfion on the 26th of last month. i
ALPHA.
A D D R. E S S.
Fallow-Citizens, ; 1
OPPOSING as we did, resolutions of the 1
General Aflenibly, pa/Ted on the 14th day. '
of December, we cannot remain silent tinder. 1
the unprecedented example exhibited in flip
port of them, by a detailed display of those 1
reasons which influenced their adoption. We (
lament their existence ; and we deprecate the '
deviation frqm our legislative -ufagc, which
their adoption has produced.—lf this was f
the onl£ evil resulting from the system of -
which they form a conspicuous feature, we 1
should in lilence wait ypur application of the '
constitutional correiftivje, which you annual- f
Iv dispense : but considering the happiness '
tinited America njoys, and forefeeing the c
"vili which disunited America must inevita- '
bly. luffi'r, we capnot shrink from the dif- :
charge,of the momentous duty to which we !
are unexpectedly called, and on which we re-
Icftantly enter. <- t
To place the present crisis plainly before \
you, it is neceflary to recur to pa ft tranfac-
tions. t
For the purpose of perpetuating the blesT- P
in b '» of our national independence, the peo-
jile of united America were induced to ex- v
change their firft political afiociation for that *
Sow existing. The will of the majority pro- *
duced, ratified and conducts it. This firft 0
principle in our federal pact cannot be im- rl
paired without proportionate injury to the
body politic. v
The fallibility of man prohibits the hope n
of Jvrftftion in his works ; and the best rule a
for freemen to adopt, in the opinion of our 1
ancestors, wis that which inculcates obedi
ence to laws eiudted by a majority ot' func- 0
tionarics appointed by the people. Foresee- "
hg the .terrible effefls whicli might ensue
frouidifferencesofopinion on national fubje&s t(
they added to this n't principle two others,. a
•>vhich promised immortality to the work of 0
their hands : they declared the compaft >
amendable,and plainly pointed out the ways ; i
they limited powers to fixed periods ; recur- 1
ring to the choice of the people for the de
legation of authority. Under a conftitu- n
tion thus formed, the prosperity of America o
was great and unexampled.' War broke out | ft
in another quarter of the globe : the gov- ! d
eminent of the people of the United States o
bemoaned alike the diftrefles incident to a vast a
portion of the human race ; diftrefles not o:
within their controul, and in the terinina- ! c
tion of which they did not poflefs even a re- I" n
ipote influence. Avoiding the existing ear- ei
sajje, the continuance of our existing hap- o
pmefs, became, as was proper, the primary u
objeft of the attention of government. The 1 w
President of the United States, a citizen the ci
mo[t tried, and the mod beloved, weighing ci
all the difficulties to which our relation to ft
the belligerent powers exposed us, promul- te
gated by proclamation, the existing state of b<
things, and warned his fellow-citizens of the ni
pernicious confequeoces which would follow ei
the derelidtion of their neutral condition, er
An adherence to this situation was enjoined in
bylaw. and approved by the general"plaudits pi
ot our country. Yet, unfortunately for aj
America, and for republican government, a
few, openly, and more lifted their w
voice against their country's will. A foreign g<
mincer's contumelious appeal from the ads so
of government to the people, whose honor ar
and comfort, alike commanded their support in
of th.it government, was maintained with gi
«ife< tion to the foreign agent, and with acri- rii
mony against the constituted authorities of ua
the nation. The fubje A became familiar to pi
the whole people ; and their voice, fpontane- ba
oufly uttered, fink into temporary and con- de
temptuouj oblivion, the abettors of this W
dirked effort. Smothered for a while only, w
the unextinguifhed fire rekindled as occasion T
ass irded fuel.
The treaty which terminated our revolu- te
Senary war, although followed by the im- ha
mediate poffeflion of the main good, yet held ed
some secondary objects unsettled. The con- m
fee: te nee of war is a state ef mental ire, which w]
yie!«s only to aft; of mutual beneficence, fu
mi to time. This state of mental warfare di
h*d not ceased, when the unjuftifiable con- to
mid of our late foe, efpeoially on the ocean, D
.vk 1 ndled our ardor for hostility and revenge, cil
!V: executive of the United States, unin- Ik
fhieuied bythe paffrons of hatred oraffeftion, an
.ovtmilmg to view peace so long as it was gs>
>0 he pri fei ved without dishonor, as his is
.it'heil duty, in a moment menacing war, m
made his last effort to avert its miseries to
norn our land. He feitt a minister to Great he
Britain, for the purpose of fettling the ex- ot
discord. Peace was preserved, with pa
; <onor. I his e-ent, instead of efinfirminc an
internal tranquility, war, turned with in
-men dexterity to the renewal of past animo.
V ICS; th? Views ot Genet were wafted in a so
. prut drels, and the executive of the uni- 'v
was branded with every epithet of oppro- fi<
're m, because in preventing war, every good P;
. . wifh:d for by one of the parties to the con
tract ot peace lrad "ot; been obtained- Here
the indignation of the American, mind, was
addre(Ted with conliderable cffuft. At lengttr
the people, routed by felf attention, Ipoke—
all >vas tranquil ; and error, whether refult-'
ing from mistaken confidence, or vicious in
tention, funk again into oblivion —France,
our ally, /to whom our government had,
from the beginning of the wir, presented re
peated proofs ef fincerp friendfliip, taught by
- the bickerings of ourselves, on the fubjeft
■ of the Britifti treaty, re-echoed American'
' reproaches with French views and French
1 objefts. Similitude of sentiment, too often
s begets union in design—our commerce be
• came a prey to French cruisers j our citizens
f were raptured, and all the injuries heretofore :
• received from the British nation, were re
• peated on our defencelefs country, with this
1 striking difference : A former foe> .ckiiniinij
unexpected stipulations, inflifted the firft;-
while the latter proceeded from the hand of
a former friend, bound to us by the ties of a
solemn treaty, and receiving from us every
good in our power to bestow, without vio
lating our neutrality, and thereby commit
ting filicide on our national and individual
happiness.
Influenced by the fame pacific principle,
the President (the fame tried aud beloved |
Wafhingtori) attempted, as before, by a|
timely interference to avert the impending I
war. He' sent a minister to France, with |
full powers to remove by candid explanations i
mistaken opinions, to renew ancient friend
fhip, and to perpetoate the Ueilings of mu
tual peace. This minister was not even re
ceived, but was ordered to depart with marks
of contumely and threats of imprisonment. j
•Tiie luccelTpr of Washington, aftuated by
the fame principles, and anxious for the fame
beneficent end, made a second effort to reflore
peace, and paid an Unusual compliment to |
the French government, by fending three I
envoys extraordinary, with ample powers to j
hear, to explain, to redress, and to bttry !,
every complaint in a fair, honorable and j
friendly adjustment. This renewed testimo
ny of aur desire for peace, was returned by'
increase of insolence and affront.
Thus fituatid, we had but to choose be
tween submission to the will'of a foreign na
tion, and the maintenance of our indepen
dence. What American could hesitate ia
the option? The choice oeing filade, feff
prefervation commanded preparations for felf
j defence. With this view, and to thls qod,
various defenfive measures were adopted -by
the last congress, the most efftdtu'al of'wlrich
were, the equipment of the fleet, the failing l
of an army, a provision for trhe reiiijSval of .
dangerous aliens, and for the
seditious citizens. The tv/o firft are charged:
with the atrocious design of creating a! no.
narchy on the ruins of our free government;
and the two last are to be 'iifurpa*
tions of power in-violation of the'eohfti^u
• tion 5. while all of them Hfe viewed as' parts
of a fixed fyfkm, tendit% to the
ment of* defpotifin. This- fertous* :4ccufe
tion, if true, corffmahds .your eßi-ftiial iu
terpolition ;if untrue,.ir might to" gifard you
against the warning -of thpfe from, error,
or with the most pernicious. 4efig« Mnvite
you to the adoptionmfafures baneful-Xo ,
Americ® happiness and fatal.-.t« /Vpiericaft'
liberty. " '•' , - '
When the inoft .poxyrrful . natioH-irr T.tC
rope, by in(idi»us poiipyafld -fiumer- ■
ous armies, populous, warliktVartcTwealthy" -
! Watt's have been oviytwrrjed', whftfif BEift. o£.:
dominion is insatiable, abd rule-"'
of condudt is lier will, ha»
at our hands, and menaced us viflrthe fate
of natioo? conquered and deba^wtagrtieaftS
| could have beeji cWivWifMit 01"
more likely to secure -aur-ulefen*;ir.?.. , ..The
equipment of a fleet, guards the remains of
our commerce from their privateers, enables
us to incommode- anytrffenfive attempts
which their enmity might diftatr, and to fa- :
cilitate our exertions for felf defcncfe,' by fa
cilitating thp - conveyance of the requihte
supplies. for military operations in our ex
tensive caiijury. 'lmportant have
been the beneficial confequenies to o'ur com
merce, flowing from thi? wife measure, and.'
every benefit to trade, in an incwifed ratio',- :
enlivens and invigorates agriculture-': ■ l^fore
important will be its effefti in.fecurifig-our -
proteaion, should we be forced so thi^lin
appeal in defence of our liberty and-property. '
Upon so solemn atyoccafion,. Xvhat curses '
would be adequate to the-.fupinonef^■ of our 1
government, if militia were- the only rtfort 1
for fafefy, against the inv»fion of a 'veteran ;
army, flu/hed with repeatcd-viaofiei; Ttrong 1
in the ikill of its officers, and led by rfiftin- [
guiflied cQmtnandc.rs-? Should not the Aine- |
rican citizen be prepared to meet the event
ual combat by those acquirements which '
place him on an equal footing in the day of '
battle ? Or is he so little esteemed as to be
dehgnedly fubnjitted to an unequal conflict,? '
What more than placing him on ail equality '
with his toe is proposed by jailing an army ? '
Thus our ancestors a£ted in the revolutiona- '
r y war j and suspicions perverting their 'in- !
tention, like these now diiTeminated, would
' la^'e been treated with contempt, or punish- *
ed as the schemes of men devoted to the ene- 1
my. Where is. the change in our situation, '
which authorises the denunciation of a mea. 1
sure now, then admitted to be wife and in- 1
dilpenfable ?. Does it argue a love of country '
to paralize means adopted for its defence ? j
Does it demonstrate affeftion to our fellow
citizens, to reprobate endeavors which be- ?
flow upon them equality of skill with their 1
anr.agonifts ? Does it evince a wish to difre- 1
gard and diltruft our militia, when an army *
is formed of citizen soldiers fgr that very 1
militia to rally round, and hand and' hand, '
to march to attack the foe ? Can that army r
Je califd. mercenary, which is composed of 5
oui brothers and our sons, levied by law, ,
paid by law, and embodied to defend-their 1
and our common rights? Would yonrWa'Ci- 1
lead a merrenaiy army? Is he not '
again your general ? Why then, those un- 1
totinoed iufpicions, apd this opprobrioivs un- 1
warranted epithet, but to en flame you r pSf- c
lions, and to millead your' judgements ?
' and fay, whether couuft-l.tkis !
- • aditikfiftorgd' can havfei'in'tg&oi! vW" Hi "«b
---: jctt; ; •;ind whether' under the'pr-teri'ce ofi
s prom'miiiyyour, h*ppin£.fs, it d«s no I2sd
i 'to afc-iltue difiiftrous to America. calamitous'
- to Virginia! . V >
■Alike erAneous, and alike ctefWftiw (if
- the common weal, is the diltoncd cOnftrudi
, ion of tha Alien and Sedition Laws.
, Nevertheless, these acts are confidently
- pronounced unconrtitutional, lb much Co,
r that to many of our fellow citizrns, the
t queition may appear to have b-'en complete
t ly decided.
i In the opinion of lome, to deliberate on
i thii fubjeft, fs to be criminal, and to pause
. | before we declare that the constituted autho
; ' ritje.s have .knowingly and intentionally vio
• ' lated that (acred charter by which they hold
J their political exiftpr.ee, is to be inimical to
; that republican-liberty, which conititntes the
< -pride and of our country, and
..which can only be pr.-lsrved by preserving
thafgovernmen: which is now so boldly ar
raigned. Had the measures which profefs
■ their-origin from these laws been confined to
ordinary, peaceable and constitutional efforts
. to effeil their repeal ; had a decent refpeft
for the real majority of the American people
been maintained, no opposition would have
been made by those who now address you—
I But when a partial irritation in tome degree
■ produced by misconception is fought to be
| excited into general hoftilitv against the go
| vernmentofourcountfy ; is leized as afford
' ing- a fair occasion for proceedings which may
lap the foundation of our union, we mail,
in obedience to that duty which gave birth
to this reply fubniit to our fellow citizens,
some reflections on these laws
The- a4t concerning aliens makes it lawful
for the prefVdent of the United States toor
i derall.fuch aliens as he {hall judge dangerous
1 to the peace and fafety of the United States,
j or /halt have reafonible grounds to fufpedl
I are concerned in any- trtafonable Or 'fee'ret
j machinations against the government there
l of- to depart dut of-the territory of the Uni
j ted.StMes within such time as (hall be ex
pfeflld.in such order..'
.This law has been declared to be unconfti
tufionaj, • because—First, It tratifcendi the
powers- of congress ;—2d, It violates that
articletwhich reftraini'the prohibition of mi
gration-till i3oß—3d, It unites legiflativej
executive and judiciary powers in the chief
magidrate,—-4th, It deprives alieflt of the
contyuujonal .fight of trial by jury. "
Time will not allow a minute ifrve {liga
tion of'.thif the ieveral objections
will beb>tt briefly-reviewed.
*ft« It is alledged to be an exerciiV of a
. power n«t delegated. Th. -constitution of
the UnitfSd State*,,is in its orgahizatibn dif-.
firnilar «p *ny fchems.oi'' government which
hits hcwuofore been deviled.-
It presents to tfa,farm;my.pnrpp&».an en«
tire tvatifch, »nd for other pu q>ole» several dri'--
tii>6t and' perfect. fcM?reignties^—Perpetual:
;pe»ce amongiotirfrkes ; a eomplete'paftKipo
tion of privileges through all the states, and
above all fafety from abroad were perhaps tbt
: ftfong motives-which.induced Atnerici"' toyu
nite under one fovernmemt. *-All*"objefts
whicji are general ip. their nature, which ih--
terefi all America, which arecon.icifted with ■
the geneiil fafety J all external objects cstfft
r only, be obtained by the c.o operation df the •
whole, and therefore -the powers necessary
for their attainment noirld bs naturally roll
ed ,iiu.tbe. government of the Whole. The
trials of sos ial Mid<in;eriot regulation cftn be
.tere'igjjtk'*, and -|h«:ef'ore tho goverti-
of ,is -and ought rid bfc ■
.excluded, .from partitipating in their fdr
' (nation. ■■ -f •
When we ejt amine the fuuaiicuvof the U-"
nj'ted States,_and the.objeifts for Which its: <
goyernmeji-t mufl neeeflarily have been form- .
ed, the mind is irrclrftahiy-led to'the de :
of a- plain line of partition be
tween the'ggneral and particular "fovefeign,-.-
ties—Since the general and slate gfivern- >
inents equally represent the people, and are
alike accountable to them far mifconducft)'
those powers which are eflential to our hap- 1
pifcefs and proteftion, may with equal fafatv
"as to their abuse be trusted to the one or the
Other. It is therefore rational to fupgole, 1
that they are placed where can be exerr
■tifid mojt beneficially, Vpd that tljey are gi
ven tatliaJt goveriUnent which is Jelliaed to !
effect the particitlar object for which | those .
powers are Calculated—This obvious princi- .
pie seem's to have actuated those whu fjametl j
our constitution ; the powers ofpeace, war •
and commerce, ofexterrial intercourse in al)
its variety of forms, of calling out and di- i<
'renting the force and wealth of the nation, I
are placed-in the general government. Thev 1
are rightly placed, because to that govern- !
ment we look for protection from enemies of
every denomination. I
VV ith refpeift to these objsfts America is ,<
one nation, and therefore the {late govern- ]
ments are reftfained from interfering with .1
I tliefe great aits of sovereignty : the power ]
'of protecting the nation from the intrigues (
and conipiraciet of dangerous aliens who may 1
have introduced tbtmfelyes into the bosom .•(
of our country, seems to be of the class \
with those liecelTarily delegated to the gene-. f
ral government : i'ec'urity to the union from •
their wicked machinations, cannot other- 1
. wife be ensured, and this security is eflential. ;
to the Common good. The means of ob- (
taintng intelligence of their plots are in pof
feflion only ofthe generalgovernment,nor can 1
any one state do more than expel them from 1
its territory—.their right of residence is not |
unfrequentjy provided for in treaties, and <
treaties can only be formed or .diflolved by |
the general government,. If in the aft of re- (
moving thein uiijuflifTable injuries be com- '
mitted-, reparation is demandable by the so- |
vereigiity of tlieir nation.
The reparation is demandable not from t
state but'from the United States', govern- |
ment—-All America, therefore, is interefl- ,
ed in the manner in which til's power {ball ,
be exefciftd, 'and would consequently choose
to place'it in the hands whic.h all America (
cliOoleS ajfd Controuls. (
In confflrmity then wth the general theo-i
,ry of our "government the power of protect- .
! iag'us from the conspiracies of aliens (liould
be .v-flbciated in'- th'e )i?ir.c" lian h 'with the.
1 nitron and the geneTai'powei- of prot'fUon
r lVom holtdity 1 f e\e;v kir'ii!'. V.-t' it is *il
'mi"ted, that if in. the t'ofpiatiori of our eon
•' ftitution a different arraiigeuieiit is. made,
that arrangementHdWever incmivenjeot,
inufi be sacredly obeyed till CunffWtionally
changed.
It behove? us, however, fatisfy our
selves completely'in this ;nterelt,ij:g ooint.
The government of the United States, is
indubitably limited as to 'its - objects, howev
er it may be as to. the'laean? of obtaining
those objects—T-t pofi'elles 'Only (fjlegated
powers, and it"is proper.to enquire whether
the power now under corifideration be dele
gated or not. It is necessary in purfuingthis
inquiry to bear in mind that we' arc invefli
.'gating a confiitution which miift unavuida
bly be reltricted in various points to general
exprciEoAs, making the gi /; outlines of a
fubjectj ; and net a law which is capable of
descending to every minute detail.
If we construe the former by rtiles ftrrftly
applicable to the latter, the power of fortify
ing our ports and harbors might well be
questioned, nor could the utility of the claui'e
authoriiing congress to make all Jaws neces
sary and prop-r for carrying into execution
all powers verted by the conttitution in the
government of the United States, or in any
department or officer thereof be readily poin
ted out—lt would be difficult too toaffign a
reason for omitting in the 12th amendment
to our constitution, which is evidently copi
ed from the second article of the ancient con
federation, the very material viord expressly.
That article of the confederation, and the
amendment of our conftitution,,were
designed as a plain aiid explicit admiflibn of
the principle, that the powers nbt delegated
are retained. In the confederation all pow
ers not expressly delegated are retained ;
but in the amendment this very operative
word is wifely omitted.
In reviewing then our constitution to de
cide on the powers velted for general purpo
fei, in ■ our general governments we mud
examine the whole" paper—we mult examine
it fairly, butliberally.
Congrefi has power " to' declare war,
grant letters of marque and regrifal,: and
make rulei concerning captifres nrf land and
water''—To make reprisals -i» a power dif
tinft froir,- and' which not unfrequently
precedes war ; as a branch of this power
those members of congress who are decided
in their declarations against the alien law,
united in 1794, in support of.the bill for fe
queftenng British property. But reprisals
may be made on tlie persons as well as the
property of alieju ; and as sequestration is the
.exercise ih an inferior degree of the general
-power of reprifsl on" property, so may the.
removal of aliens b- conCde.red as the exer
cise- in an inferior degree of the general
powiT of reprisal on ptrfons. If the whole
power of reprisal be delegated, the- particu
lar degree or manner in which it shall be ex
ercised, is a'queffion of political discretion,
-and not authority.
CongMfi, I as_powtr " to define and pnp
idl.ptricLi*. an'J'f.l...?««,'eeVi'i'riili'iu! uu tf;i
high seas, .ah/} osseous agalnjl tit littebf no
ttbnr." J. .
By the law of nations, or by particular
treaty, an alien acquires a right of refid'ence
in.a.country at peace with his own, and it
is an offence against that law to become dan
gerous to the pesce'and fafety, or to be con
eerned in, any treasonable or secret machi- :
liations.agaiqlt the g'Tcrnment of the coun- j
try in whjch he .relides. These offences ;
congress may both liefrie zt\A puhiJh'. [
Congress may call forth' the Vwilitia, " to
suppress ir.furreflions and repel invasions" j
and further, " the United States {hall guar-
to every state in the union, a republi
can form of. goverqment, and Jhall prated
each of them againjl invajton."
By this tatter clause, something further
.was intended than merely to repel invasion.
Invafiott aftually made is to he repelled, and
fqr purpofe the militia may be called
out.-. But congress it is-to do me*>; than
merely tb repel afiilal' iiivafion.' This po
wer haying been granted in'the Bth feftion
of the firft article;'the co'niftitutiOn in the 4th
feftion of the-fourth article, gives the addi
tional power,- and makes it the duty of con
gress ,t« prvted each state against invasion.
■lVproteß-againft ati eVi', incltidis the right
of inking proper and necessary steps for its
prevention. Of [these proper and necessary
-steps, the-government' pOssessed of the po
,wer, mud jiidge. To cause to depart from
lOJir territory the -irttfividUals of a nation
• from whom invasion "was apprehended, is
mod obviously a m'eaftire of precaution dict
ated, by prudence and warranted by juitice.
It appears then tob'efairly deducible, from
the theory oF the constitution, and from a
correct view of its particular parts, that the
power.of protecting' the American common-
Wealth against dangerous alieas, whether dif
perfed-through the interior of our country,
or embodied in arms against us, is an existing
efficientpower placad with all others necessary
.•for the com'moh fafety 'in the only hands
which can bring it inta complete and bene
ficial"Operation-
2d. 1 he exercise of this power is suppo
sed to have been suspended until the year
1808, by the 9th fe&ion of the firft article
of the constitution.
The words are " the migration or impor
tation of such persons as any of the dates
nbw existing {hall think proper to admit,
shall not be prohibited by the.congress pri
or to thcyear 1808, but a tax or duty-may
be imposed on such importation not excee
ding ten dollars for each person."
This ik obviously designed as an exception
to some given power. It would be extrava
gantly ablurd to-reftrain until.theyear 1808,
the exercise of that power which could not
be exercised after that ytar..** Whatever
ilreri is falpended.by the article just recited,
was confialered as an. existing thing on \vhich
the fnfpertdirig clause could operate, ft is
the importation and migration of .such per
sons as any of the llates then existing should
■think proper to admit. ...But flSthis clause
it wquld be in the power of congress
c ( to prohibit the migration of aliens i lUo
j I mi: a .States, it will not be eafv t„
-, m the CMriftftntion a grant of p„ wc ' r „ n
• ; tent.lo forfcud their entry, which is r , J'
i ''y competent to forbid their
ar.ee in our country. But while this el,
> j furmfiiei a (liong argument in favcr »f
j general power of congress over the ft I,
"| « necefTary to (hew that the except
I that general power which it fpecifi™ *
5 not so modify it as to expose us to the'
- chinations of aliens wh„, our £*
I may be conspiring our deft j-uftion.
To forbid "'difcrirainately the admiiL
! of certain classes of persons, and to „
" individuals of thofi; claflei to depart
s they become dangerous, are certain!'
diftmft a&s, which may be perform'.
* parately, and which do not necessarily ,
fere with each other. This ca.,not*b e
1 tioned—but it is said that the power
denng fulpefted aliens to leave our count n
may be so used as to destroy fabftanti.il,
the power of tolerating their migration
; and it is granted that it may be so used
but the poifibility of abusing a principle i,
nryer supposed to be a correft argumest a
gamft the power of retaining it, „or can j
| be admitted tVat the possibility of extraffinj
the la ft /hilling from the purse of every m
dividual, is a fufficient objeftion to the ex
i (fence of the power of taxation Therirb
of ordering aliens to depart from the Unite,
States it confined to those who are deem
ed dangerous ; aud such a conftruftion 0
the law as would substantially deprive th
slates of the benefits resulting from th
migration of such psrfons as they migh
think proper to admit, would be a nervci
fion, and not an execution of it.
It may also be said with refpeft to Virgi
iiia, that she has not chosen to admit th
migration of such persons as the alien lav
enjoins to depart. No Lw of" this flateau
tho'ifes the migration into it of persons 0
the defeription comprehended in the aft 0
th-United States ; on the contrary, 011 l
laws expressly authorise the executive to ap
pnehend and secure, or compel to depart
this commonwealth, all suspicious perfoni
being the fubjefts of any foreign power oi
state. from whom the President of the Uii
ted 'State# fell epprehend hostile defigni ».
gainst the said ffates. If then the power
of ordering cei'tain persons to depart ii to
be connefted with that of admitting their
migration, the state Virginia does jot
admit, but ex ludes from her territory aii
thfife who are contemplated by the alien
law,
3dly. This law is also objefted to* be
cause it unites legislative, executive and ju
diciary powers in the president of the Uni
led States.
Legislation is the aft of making or givin;
laws, congr< fs therefore in making this lav
performed the part of the legislature, nori
there any thing legislative in the executioi
of it. If indeed congress by ftftif of p«
haps by commjflioner* apppinted by itfell
had executed "the'law, the charge wouli
have worn fo.-r.t femUanci <>ft>rtTh : i>%lt t'l
commiflion of the «xecuti6tP'of this law t
the prrfbn ehargsd b ; y thfc conflitution witl
thi executioi) of all the'laws of the union, i
certainly in itfelf unexceptionable No
does this aft transfer to the president po
wers belonging proper y to the judiciary
It does not involve a deqilion that iV "bye
has committed a crime. It is a mezfirre o
j generil fafrty, in its nature boh'ticaJand nol
: fore rifle, the execution of which is properh
[ t-uftrd to the department which reprefenti
the nation in all its interior ever)
| law, in its execution, -'require? To me judij
ment, bnt the execution of the law is not oi
that account judicial.
4th, This aft dep> ives of his right
to trial by jury. To this extraordinary j!
legation, it hai again and.again been answer
ed, that this is a meafore .of preventive and
not of punishing juftjee—who would require
that a jury (houtd be empannelled, in ordet
to'decide whether a nation had or had not
cauft.to'fiifpeft a particular alien of dange
rous d figr.s against its fteace '—who would
reqs're that the President (hould unfold to
juries throughout the United States all the
intelligence he may have received, perbapj
from persons within the reath of those em
'he alien!, and which ,eftabjUhcs in
his miiid the reality of the danger to be
apprehended—Cerftinly a vefted°right u to
be taken from no individuals without a so
lemn trial, but the right of remaining in our
country is vetted in np alien He enters and
r mains'by the courtesy p'f the sovereign po
wer, and that courtesy may at pleasures be
withdrawn.—T hat Virginia copfiders the
two last bbjeftiona groundlcfs, is demonftr*-
ted by her own aft on the fame f H bjeft. By
the second feftion sis the sixty-second chap
ter of our laws, it is enaftetl, that " it fliall
and may be lawful for the governor, with
the advice of the council of state. to appre
hend and secure, or cause, to be f preheiided
and secured, or compelled to depart thi*
commonwealth, all fufpici >us persons, being
the fubjefts of any foreign pow<.r .or state,
who shall have made a declaration of war,
or aftually commenced hostilities against the
said states. fiom whom the President of the
United States (hall apprehend hostile defigu'
against the said (fates; provided information
thereof (hall h?ve been previously received
by the' executive from him. And in all
such cases the Governor, with tha advice of
the council of state, shall, a"d he is hereby
empowered, to fend sot the person and pa*
pert of any foreigner within this state, io or
der to obtain such information as he may
judge nectflaiy."
If the ah'en- law of the United dates he an
union of legislative, executive, and judiciary
powrrs, so is that rf Viigim'a ; if one is u"-
Gonltitutional by depriving an alien of trial
by jury, so is the other . This is a queftio ll
ent rely fcperated fronVthe power of the dif
ferent governments j becanfe the provifi" ll '
of 'the.one conftinition, are in thete lefpefl*
as explicit at those of the other, Fhi>
aft ofour'legiflatiire was not pafl'ed hafti'y
or incor.fiderately—-It was originally c n *