Vandalia Whig and Illinois intelligencer. [volume] (Vandalia, Ill.) 1832-183?, 1833-05-22

dom, and how far those abuses which cannotI
be separated from their use, should be tolerated
rather than the use be destroyed; and thus also
they guarded against all abridsement by the
Unted States, of the freedom of religious prin-I
|cIples and exercises and retained to themselvesI
Inc right OF protecting the same, as this, stated
by law passed on the general demand of its
citizens, had already protected them from al
human restraint or interference: and, that, in
addition to this genera! principle and express
another and more special provision
has been made by one Of the amendments to
the Constitution, which expressly declares that
Congress shall pass no laws respecting an
establishment OF religion, or prohibiting the
free exercise thereof, or abrdging the freedom
of speech or of the press,' thereby guarding
IN the same sentence, and under the same
words, the freedom Of religion, of speech, and
ot the press, insomuch, that whatever violates
either, throws down the sanctuary which covers
the others, and that libels, falsehood, and de-
tamation, equally with hercsy and false reIi-
|glon, are withheld from the cognlzance Of Fe-
deral tribunals. That therefore the act OF the
Congress of the United States, passed on the
18th of July, 1898, entitled Gan act in adds
ion to the act entitled an act for the punish
ment of certain crimes against the United
Staies," which does abrdge the freedom of the
press, is NOT LAW, but is altogether VOID and
OF NO FORCE.
Nv. ReSolred, That alien friends are under
the jurisdiction and protection of the laws of
the State wherein they are: that no power over
them has has been delegated to the United
States. nor prohibited to the individual States,
distinct from their power over citizens; and it
being true, as a general principle, and one of
the amendments TO the Constitution having also
declared, that ''the powers not delegated to the
United States by the Constitution, nor prohi-
blted to the States, are reserved to The States
respectively, or to the people, the act of Con
gress of the United States, passed the 22d day
of June, 1888, entitled, Gan act concerning
aliens" which assumes power over alien friends
not delegated by the Constitution, is NOT LAW,
but is altogether VOID and OF NO FORCE.
V. Resolrcd, That in addition to the gem
eral principle as well as the express declara-
ton, that powers not delegated are reserved,
another and mere special provision inferred 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 prohi-
bited by the Congress prior to the year "lS0S.
That this Commonwealth does admit the migra-
ton of alien friends described as the subject OF
the said act concerning aliens; that provision
against prohibiting heir migration, is provl-
sion against all acts equivalent thereto, or it
would be nugatory; that to remove them when
migrated is equivalent to prohibition of their
migration, and Is, therefore, contrary to the
precision of the Constitution, and poid
w. Reso'ped, That the Imprisonment of a
person under the protection of the laws of this
Commonwealth on his failure 10 obey the SIM
pie order of the President, to depart out of the
United States. as is undertaken by the said CT
lentitled, San act concerning Aliens" is con-
trary to the Constitution, one amendment in
which has provided, that 'no person shall be
deprived of liberty without due process of law"
land, that another having provided, ''that in all
criminal prosecutions, the accused shall enjoy
the right to public trial by an impartial jury =,
to be informed as to the nature and cause of the
accusation, to be confronted with the witnesses
against him TO have compulsory process for OBJ
tanning witnesses in his favor, and to have ass
|sistancs of counsel for his Defence" the same
act undertaking to authorize the President to
remove a person out of the United States who
is under the protection of the law, on his own
suspicious, without jury, withou: public trial,
without Conformation of the witnesses against
him, without having witnesses in his favor,
without defence, without counsel, is contrary to
these provisions also of the Constitution, is
therefore NOT LAW, but utterly VOID and OF NO
FORCE.
That transferring the power of Judging any
person who is under the protection Of the laws,
from the courts to the President of the United
States as is undertaken by the same act con-
corning Aliens is against the article of the Con
stitutlon which provides, that, "the judicial
power of the United States shall be vested in
the courts, the judges of which shall hold their
office during good BEHAVIOR" and that the said
act is void for that reason also; and it is further
to be noted that this transfer of judiciary pow-
Ter is to that magistrate of the general govern
ment who already possesses all the executive,
and qualified negative in all the legislative
powers.
VII. RESOLVED, That the construction ap-
piled by the general government las is evident
by sundry of their proceedngs) to those parts
of the Constitution of the United States. which
delegate to Congress, power to lay and collect
taxes, duties, imposts, excuses; to pay the
debts, and provide for the common defence and
general welfare of the United States. and to
make all laws which shall be necessary and