Index :: Mr. Gordons Speech on the Alien Bill

The Farmer’s Weekly Museum: New Hampshire and Vermont Journal August 6, 1798 Gordon is a member of Congress stating his position on the "Alien Bill," likely one of the four measures that comprised the Alien and Sedition Acts of 1798.

MR. GORDON’S SPEECH ON THE ALIEN BILL

Mr. Gordon said, the United States has certainly a right to withdraw their protection to Aliens, whenever they thought proper, notwithstanding all that had been said by the gentleman from Pennsylvania.  He would endeavour, in a few words, to show that such a power does exist, and that the execution of it is only bounded by sound discretion.  The question is, whether, under existing circumstances, the United States have not the power to order foreigners to depart from the country, who have been guilty of treasonable or seditious practices abroad.  He had no doubt on this subject; it is a question, in his mind, which includes the very existence of Government.  The foreign Power of every Nation possesses it; it is a power possessed by Government to preserve itself, and, in his opinion, ought now to be exercised.

It has been said, that there is no specific power in the constitution upon which this proposition can be supported, and he knew it had been said, that it was necessary that all the acts of Congress should be founded upon express provisions of the Constitution; yet he believed that house had done a variety of act for which it had no express power.  He asked whether Congress had any authority in the constitution to institute a Bank?  They had not; yet they had done it.  Another case, in the treaty betwixt this country and Great Britain, it is stipulated that any Murderer who shall seek refuge in one country from the other, shall be given up, though no clause in the constitution authorities such a power.  This is a case somewhat analogous to the present; and if the States had the power to protect offenders of the kind mentioned in this bill, they might also protect Murderers.  But the right of Congress to regulate this business, comes from the power of making war, and providing for the general welfare, and the arguments of the gentleman from Pennsylvania in favour of passing a law in respect to Alien enemies, would shew it to be right also to pass a law of this kind.  If the house make the express letter of the constitution the rule of their power he denied that they had any power to make the regulations proposed to be made with respect to alien enemies.  But it is not absurd to say, at a time when the United States are about to enter upon a war, and the country is filled with the natives of the enemy country, that we do not possess power to send them out of the country?  That Congress may make war, but cannot do a less hostile act?  If we possess this right, upon what is it founded, but upon the ground that the safety of the community must be provided for; and pursuing this principle, it will equally apply to the Aliens of other countries.  For suppose at some future time, there shall be as many Aliens, of various Nations, as citizens in the United States, and suppose the United States should be engaged in war with any one of the Nations of Europe, might not such a band of men, if suffered to remain, prove the destruction of the country?  They certainly might, and no nation would act so unwisely as to give them an opportunity of becoming so.

But the gentlemen from Pennsylvania says, that this bill is a violation of the rights of Aliens, as it takes from them the right of a trial by jury, secured by the Constitution.  This Mr. Gordon denied.  This bill, he said, does not contemplate a crime, but directs that Aliens shall be apprehended on suspicion, and sent out of the country.  It is only when they refuse to obey the order, that a crime is committed, and then they are to be tried by a jury equally with citizens of this country.

The gentleman has informed the house, that the Constitutions of the United States and of the Individual States have limited the powers of Government, beyond which they cannot go.  But this limitation, it must be allowed, can only respect those for whose use and benefit these Constitutions were formed.  This bill does not affect any of these persons.  It relates only to Aliens.

But it is said Congress is expressly prohibited from making a law like the present, by the first paragraph of the ninth section of the Constitution which provides that the migration of any persons whom the States choose to admit, shall not be prohibited previously to the year 1808.  But, in order to make this article apply, it will be necessary either to bring this bill within the letter or the spirit of that clause of the constitution.  He denied that it was within either.  It had been said, that this clause was intended to secure the importation of slaves to these States of the Union, which are concerned in slaves, and the migrations of foreigners to other States who wanted inhabitants.  But as this bill proposes only to affect persons of a certain description, which he supported it could not be the interest of any State to remain in it, he thought it could not reasonably be objected to.  If any gentleman could suppose that there is a State in the Union which would desire to retain in their society persons who have been convicted of felony, or who are notorious fugitives from justice on charges of treason or sedition, he must have a strange idea of such a state, and it was what he himself could not credit.  This bill, he said was not intended to cut off migrations to this country; but merely to serve a temporary purpose, and therefore could not militate against the article of the constitution which had been named.

It had been said, that this bill would be a violation of the Habeas Corpus act.  It was a little extraordinary that any gentleman should have assisted this.  There is nothing in this bill to prevent a person from being brought before a judge.  His right, in this respect, is no way impaired by this bill.  The only difference which it makes, is, that persons in their situation would have to submit to a new law.

If no law of this kind was passed, it would be in the power of an individual State to introduce such a number of Aliens into the country, as might not only be dangerous but as might be sufficient to overturn the Government, and introduce the greatest confusion into the country.  Suppose a state were to admit thousands of Aliens from a Nation with which we are likely soon to be at war, what would be the remedy?  The President would have power to remove them as soon as war shall have been declared.  But suppose they shall come from a Nation with whom we are at peace.  They might settle all over the United States, they would be protected, and might organize themselves against the Government.  And can the government be so deficient in power, as not to be able to provide against such a mischief?  To suppose this would be to suppose that the very existence of the Union is in the power of a single state.

The United States have guaranteed to the Individual States a Republican form of Government; but if one state admit so many Aliens into it as to produce a change in its system of Government, the United States would be obliged to use force to recover it, if no other remedy could be had

It was said, a law like this had never before been attempted; but it might also be said, there never was a time when the Unites States were to accessible as at this time, and therefore uncommon measures were justifiable.  Gentlemen say laws may be made for the punishment of their persons, without giving so strong a power to the President.  But can laws, said Mr. G. reach the hearts of man?  Persons who come here with a view of overturning the Government, will not commit any overt act which shall bring them under the laws of the country.  He trusted therefore, the present bill would be passed.