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CONSTITUTION OF THE U. STATES.
[BOOK III.
states; it is at once the dictate of wisdom, and enlightened patriotism to avoid that narrowness of interpretation, which would dry up all its vital powers, or compel the government (as was done under the confederation,) to break down all constitutional barriers, and trust for its vindication to the people, upon the dangerous political maxim, that the safety of the people is the supreme law, (salus populi suprema lex;) a maxim, which might be used to justify the appointment of a dictator, or any other usurpation.[1]
§ 1288. There remain one or two other measures of a political nature, whose constitutionality has been denied; but which, being of a transient character, have left no permanent traces in the constitutional jurisprudence of the country. Reference is here made to the Alien and Sedition laws, passed in 1798, both of which were limited to a short duration, and expired by their own limitation.[2] One (the Alien act) authorized the president to order out of the country such aliens, as he should deem dangerous to the peace and safety of the United States; or should have reasonable grounds to suspect to be concerned in any treasonable, or secret- ↑ Mr. Jefferson, on many occasions, was not slow to propose, or justify measures of a very strong character; and such as proceeded altogether upon the ground of implied powers. Thus, in writing to Mr. Crawford, on 20th of June, 1816, he deliberately proposed, with a view to enable us in future to meet any war, to adopt "the report of the then secretary of the war department, for placing the force of the nation at effectual command," and to "ensure resources for money by the suppression of all paper circulation during peace, and licensing that of the nation alone during war." 4 Jefferson's Corresp. 285. Whence are these vast powers derived? The latter would amount to a direct prohibition of the circulation of any bank notes of the state banks; and in fact would amount to a suppression of the most effective powers of the state banks.
- ↑ Act of 25th of June, 1798, ch. 75; Act of 14th of July, 1798, ch.91; 1 Tuck. Black. Comm. App. part 2, note G, p. 11 to 30.
