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consent, and engaged in the ordinary pur upon the existence of which all constitutional government is founded, and without which suits of life. Aliens from countries at peace with us, domiciled within our country by its [ government would be an intolerable and hate consent, are entitled to all the guarantees for ful tyranny. ... I know that the measure, the protection of their persons and property the validity of which I have called in ques which are secured to native-born citizens. tion, was passed in the midst of a gigantic re The moment any human being from a coun bellion, when even the bravest hearts some try at peace with us comes within the juris times doubted the safety of the Republic, and diction of the United States, and with their that the patriotic men who adopted it did so consent, ... he becomes subject to all their under the conviction that it would increase laws, is amenable to their punishment and the ability of the government to obtain funds and supplies, and thus advance the national entitled to their protection. Arbitrary and despotic power can no more be exercised cause. Were I to be governed by my appre over them with reference to their persons and ciation of the character of those men, instead property, than over the persons and property of my views of the requirements of the Con stitution, I should readily assent to the views of native-born citizens. They differ from citizens only in that they cannot vote or hold of the majority of the court. But, sitting as any public office. As men having one com a judicial officer, and bound to compare mon humanity, they are protected by all the every law enacted by Congress with the guaranties of the Constitution. To hold that greater law enacted by the people, and being they are subject to any different law or are unable to reconcile the measure in question less protected in any particular than other with that fundamental law, I cannot hesitate persons, is in my judgment, to ignore the to pronounce it as being, in my judgment, unconstitutional and void." Knox v. Lee, teachings of our history, the practice of one supra. government, and the language of our Con stitution." Fong Yue Ling v. United States, The relation between Federal and State 149 U. S. 698. governments was exhaustively discussed in Justice Field's most elaborate statement of Ex parte Clarke, 100 U. S. 404, and in Boyd his views with respect to the powers of tht v. Nebraska, 143 U. S. 135. The former national government will be found in the Le case established the concurrent authority of gal Tender Cases, Knox v. Lee, 12 Wall. 457, the national and State governments over and Juillard v. Greenman, no U. S. J.2I. Congressional elections. In Justice Field's His dissenting opinions in these cases con opinion no such advance had ever before stitute the most profound and exhaustive been made toward the conversion of our presentation ever made of the minority view Federal system into a consolidated and cen of this much-di'scussed subject. The fact that tralized government. "The act of Congress his dire predictions have not been realized asserts a power inconsistent with, and de does not impair the force of his objection to structive of, the independence of the States. the recognition of this power of taking prop The right to control their own officers, to •prescribe the duties they shall perform, with erty from one person and giving it to an other. out the supervision or interference of any other authority, and the penalties to which "As there are unchangeable principles of they shall be subjected for a violation of duty, right and morality, without which society would be impossible, and men would be but is essential to that independence. If the Fed eral government can punish a violation of the wild beasts preying upon each other, so there laws of the State, it may punish obedience to are fundamental principles of eternal justice,
