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tions," given to Congress in Art. I., sec. 8, must enable the national Government, in some degree, to maintain, in time of peace, the rights and obligations incident to the status of foreign aliens. Any power in respect to the admission or exclusion of such persons must be derived, apparently, from this power,' or from the treaty-making power vested in the President and Senate by Art. II., sec. 2. The limitation in Art. I., sec. 9,-"The migration or importation of such persons as any of the States now existing shall think proper to admit shall not be prohibited by the Congress prior to the year eighteen hundred and eight; but a tax or duty may be imposed on such importation, not exceeding ten dollars for each person," seems to indicate that the power would, in its absence, have belonged to Congress, even before the expiration of the prohibition. But this clause, interpreted on the principle of learning the intention aliunde, and the rule of contemporanea expositio, has always been taken to give a special power in respect to the importation of slaves from Africa. Congress has passed various Acts to prevent it.
§ 984. The status of foreign aliens, in relations not affected by the powers above spoken of, appears to be determinable according to the law of the State in which they may appear; though, from the character of the persons, the judicial power of the United States may be invoked to decide on the nature of their rights and obligations. The law determining their condition is international private law, from the character of the parties; but, being derived from the State powers, it may
to confiscate property used for insurrectionary purposes, XII. St. U. S., 319, any one who during the present insurrection against the Government of the United States" shall require or permit persons owing him "labor or service under the laws of any State," to serve in military operations against the Government, "shall forfeit his claim to such labor, any law of the State, or of the United States, to the contrary notwithstanding. And whenever thereafter the person claiming such labor or service shall seek to enforce his claim, it shall be a full and sufficient answer to such claim that the person whose service and labor is claimed had been employed in hostile service against the Government of the United States, contrary to the provisions of this Act."
Compare Judge Baldwin, noted ante, p. 766.
Ante, § 445. The question-By what law the status of persons on board of private or public vessels of the United States when not within the jurisdiction of any several State or Territory, is to be determined-may be of importance under many supposable circumstances. Compare ante, p. 770, note 2, and see Polydore v. Prince, Ware's R., 410, U. S. v. The Amistad, 15 Peters, 518,
be very different in the different States. How far the power of the States in respect to the rights and obligations of foreign aliens may be limited by the effect of treaties with foreign nations, is a question which might be important.
§ 985. The power to determine the relations of persons on board of private ships and vessels belonging to the United States on the high seas, or in places not under the territorial jurisdiction of any civilized nationality or power, gives existence to a class of laws having personal, as contradistinguished from territorial, extent.' These laws, so far as they apply to persons without regard to their nationality, place of birth, or naturalization, are properly part of the internal law of the United States, as distinguished from the international, law,' though they may be very important in connection with the relations of the United States towards other countries. The powers of Congress to originate such laws are derived partly from the power in respect to commerce, and partly from the power given in Art. I., sec. 8, "to define and punish piracies and felonies committed on the high seas, and offences against the law of nations." The laws punishing persons engaged in the slave trade between foreign countries, or in buying or in seizing persons for slaves on the coasts of Africa, or on the high seas, may here be classed; while, as incidental to these powers, and to the power to prohibit the importation of persons, may be classed the laws against equipping vessels in ports. of the United States with the intention of engaging in the African slave trade."
§ 986. The power to remove persons to foreign countries, or to colonize them in barbarous and unoccupied countries, or
1 Ante, §§ 26, 27.
Ante, § 53.
Laws of Congress relating to the external slave trade are: Acts of March 22, 1794, An Act to prohibit the carrying on the slave trade from the United States to any foreign place or country, I. St., U. S., 347; of May 10, 1800, An Act in addition, &c. (to the above Act), II. ib., 70; of March 2, 1807, An Act to prohibit the importation of slaves into any port or place within the jurisdiction of the United States, from and after the first day of January, in the year of our Lord one thousand eight hundred and eight, ib., 426; of April 20, 1818, An Act in addition to, &c. (the last-named Act), and to repeal certain parts of the same, III. ib., 450; of March 3, 1819, An Act in addition to the Acts prohibiting the slave trade, ib., 532; and also of May 15, 1820, An Act to continue in force "An Act to protect the commerc of the United States and punish the crime of piracy," and also to make further provisions for punishing the crime of piracy, ib., 600.
in countries acquired by treaty or purchase, may be regarded as incidental to the powers of each independent nation. There are as many difficulties in supposing that the power belongs, under the Constitution, to the several States, as in supposing that it may be exerted by the national Government.
$987. The escape of slaves from vessels of the United States being within a foreign jurisdiction wherein the claim of the owner to retain them in his custody was not recognized by the courts, has given rise to cases of controversy between the Government of the United States and the governments of those jurisdictions. If the law which is to determine such controversies can be distinguished from the local municipal law of those jurisdictions, it can only be the general international law, public and private, of all civilized nations which, as such, is part of the law of the United States.
A question under the same law is presented in a demand by the Government of the United States on the government of another country for the extradition of persons charged with crime. As the crimes charged may involve the recognition of slavery as a legal condition, and of laws for its maintenance, the determination of the question of extradition, under the general international law, is a topic connected with the subject of this work.
But this whole class of inquiries must, for want of space, be excluded from the present view of the laws of freedom and its contraries in the United States.
The numerals in ( ) indicate notes, and the reference is to the page.
Canada, slavery in, 112.
Acts of the States, effect of, under the
Alienage in the law of the U. S., 221,
Allegiance and secession, 220 (1), 353 (3).
Articles of Compact of N. E Col., argu-
Baldwin, J., on the fug. slave provision,
Benton, Mr., on the fug. sl. Act, 759 (3).
Bissell, J., on slavery in Conn., 44 (2);
Cadwalader, J., on the fug. sl. Act, 529.
Cass, Mr., on the fug. sl. Act, 758 (3).
Clerke, J., on the claim of slave-owner,
Cobb, Mr. T. R. R., on the claim of slave-
owner, 262 (2); on the effect of
Comity between the States, 148 (1), 282
Commerce between the States; see Slave | Daniel, J., on negro citizenship, 298; on
Commissioner of U. S. Court, State judge
action of in extradition of
Common law, declared in force, N. Car.,
-, a measure of rights of citi-
Debtors, servitude of, Conn., 41, 43;
Denio, J., on exclusion of negroes, 340
(3); on privileges of citizens, 347,
Dixon, J., on the fug. sl. Act, 523 (1).
ries, 185 (3); his bill respecting fu-
Duponceau, Mr., on the 4th Art., 234 (1).
Edmonds, J., on the seizure and removal
of fug. slave, 560; on the liberty of
Elective franchise, limited to whites,
Va., 9; Ky., 15, 18; Md., 19, 20, 24;
not limited to whites, Ky.,
limited to whites and In-
limited by property qualifi-
H., 35; Vt., 37; N. J., 67; Pa., 67;
of all men in republican govern-
of all men in the social compact
of all freemen in the social com-
of slaves as criminals, 790.
Daggett, J., on negro citizenship, 46 (1), Federalist, on the effect of judgments,