291. ALIENS, Forcible Removal of.—
In
addition to the general principle, as well as
the express declaration, that powers not
delegated are reserved, another and more
special provision, inserted in the Constitution
from abundant caution, has declared that
“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 1808.” * * *
This Commonwealth [Kentucky] does admit
the migration of alien friends, described as
the subject of the said act concerning aliens.
* * * A provision against prohibiting
their migration is a provision against all
acts equivalent thereto, or it would be
nugatory. * * * To remove them
when migrated, is equivalent to a prohibition
of their migration, and is, therefore,
contrary to the said provision of the Constitution,
and void.—
Kentucky Resolutions. Washington ed. ix, 466.
Ford ed., vii, 296.
(1798)
