Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1840-11-20

Tho |, ( uroci,s and eloncs committed OH the hSh
seas and offences against the laws OF nations, ana no
other crimes whatever, and II b'ihg fue as
principle and one of the amendments 10 the Consttn
non havnn also declared, .tia the powers not deicSa
ted 10 he L. s. by the Constitutions nor prohibited W
to The States reserved TO the States respectively
or 10 the people, therefore also the same act o Congress-
passed on the 18th day of July, IDS, aud entitled "an
ac, IN addition TO the act entitled act, for the pun
,shncnt os certain crimes against the Us as also the
act PASSED BIZ them on Tie eth day ni JuEc lI9c, en-
titled san act to punish frauds committed Oh the bahN
of the a. s." (lnd all other acts when assume ~
crca,c define. or punish crimes other than those emu
mcratcd IN the Constitution altogether void and q
no force and tat the power 10 create. deinc and pun
ISL such other crimes is reserved, and oil rght appcF
tains solely and exclusively to the respective staes
each within lis own territory. 49,,
3. Resolred, That il IS true as general Principe,
and is also expressly declared by OF the amend
ments to the Constitution, that 'he powers not dele
gated to the U. S. by the Constitution nor prohoted
by il to the States reserved TO the States Tespec
lively, or the People,; and that no power over the
freedom of religion freedom OF speech, or freedom Of
the press heinz delegated the IT, s. by the Constr
tuition nor prohibited by il 10 the States ali lawful pow
ers respecting tie same did Of RICH: remain and we're
reserved 10 the States, 10 the people; nat mus was
manifested their determination TO relan 10 themselves
the right of ud ging how far the RIGHTEOUSNESS 81 speech
and of the press may be abridged without iessenng
their useful freedom, and how FAR those abuses which
cannot be separated from their use, should De 'oe-
rated rather than the be destroyed; ana mus aso
they guarded against all abridgmen BY the Z. states
of the freedom of religious opinion and exercises, ana
retained themselves the right Of protecting the same
as this ale BY law passed on the general demand OF
its citizens, had already pro ectcd them from al human
restraint interference And that IN addition 10 lhis
general principle and express declaration, anoiieI anu
more special provision has Leen made b. one Of the
amendments 10 the Constitution, which expressly DC
cares that Congras. eoii make no law respecting al
establishment Of religion, or prohibiting the free exer-
else thereof abrdgIng the trecdom Of speech, or OF
the press thereby guarding in the sentence, and
Under the same words, the freedom Of religion, Of
speech, and Of the press, nsomuch, that whatever vo-
laes either, throws down the sanctuary which covers
the Others and that bes, faSchoods and defamation,
equally with heresy and false religion, are withheld
from the cogni2ance of Federal tribunals That there
fore the Of the Congress Of the U S, passed on the
18th day July, l7o5 entitled "an act, in addition TO
the act. for the punishment of certain crimes against
the u. S., which does abr'dge the freedom Of the
press, not law, but altogether void and OF no e.
feet.
a. Rcsolred, That alien friends under the jurs-
dcton and protection Of the laws of the State wherein
they are; that power over them has been delegated
to the U S, prohibited to the individual States DIS
tnct from their power over citizens. and 1t beng true
general principle, and Of the amendments 10
the Constitution having also declared, that the pow
not delegated TO the t. ). by the Constitution, nor
prohibited BY it to the States reserved 10 the States
respectively the People the act Of the Congress
OF TIC u passed OH u VI JUNG, Ifa@, cH-
titled san concerning aliens, which assumes power
alien friends not delegated by the Constitution, IS
not law, but is altogether void and of no force.
D. Resored, That in addition to the general principle
well as the express declaation that powers not dele
gated reserved another and more special provision
inserted in the Constitution from abundant caution has
declared, ''that the migration importation of such
persons any of the States now existing shall think
proper admit, shall not he prohibited by the Congress
prior to the year sos That this Commonwealth does
adm he MIGRATION alipn friends
subject of the said act concerning Aliens that proy
alon against prohibiting their mgrallon - provision
against all acts equivalent thereto, or 1t would be nu
gaory; that 10 them when migrated, is equlva
lent 10 prohibition Of their grafton, and therefore
contrary to the said provision Of the Constitution and
void.
6. Resoired, That the Imprisonment Of person I'M
der the protection Of the laws Of this Commonwealth
his failure TO obey the simple order Of the President
depart out Of the United States, is undertaken by
the said act entitled an act concerning aliens, is
trary to the Constitution amendment 10 which has
provided, that emo person shall be deprived of liberty
without due process of law and that another having
provided that in all criminal prosecutions the accused
shall enjoy the right to public trial by impartial
Jury, to be informed of the nature and Of the
accusation, be confronted with the witnesses against
him. to have compulsory process for obtaining witness
in his favor and 10 have tie assistance of counsel
for his defence the act undertaking TO authorize
the President to remove person out Of the United
States who under the protection Of the law on his
own suspicion, without accusation, without jury, with
ont public trial, without conformation of the witnesses
against him, without having witnesses in LIS favour
without defence, without counsel, is contrary these
provisions also of the institution, 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
derlaken by the same act, concerning aliens, against
the article Of the Constitutions which provides that
'ihe judicial power Of the United States shall be vest
ed in Courts, tic Judges Of which shall hold their Of!
hces during good behaviour, and that the SAID act
void for that reason also and il is further 10 be noted,
that this transfer of Judiciary power tina, mags-
trate Of the General Government who already pos
all the Executive and qualified negative in all
the Legislative powers.
Z. Resoired, That the construction applied by the
General Government, las is evnced by sundry of their
procccdngs 10 those parts of the Constitution Of the
United States which delegate TO Congress power 10
lay and collect taxes, duties, npasts, and excuses 10
pay the ebis and provide for tue common defence and
general welfare Of the United States, and make all
laws which shall be necessary and proper for carrying
INTO execution the powers vested BY the Constitution
in the Government Of the United States, CT any de-
parment thereof, Goes to the destruction Of all the
limits prescribed 10 their power rs the Constitutions
hat words meant by that instrument 10 be subsidiary
only 10 the execution OF the limited powers ought not
to be construed themselves To give unlimited
powers, part so to be taken, 10 destroy the
whole residue of the instrument That The proceed
ngs of the General Government under colour OF these
articles, will be fit and necessary subject for revisal
and correction at a time Of greater tranquility, while
those specified IN the preceding resolutions call for i'm
mediate redress.
: Resored, That the preceding resolutions be trans
United TO the Senators and Representatives Congress
from this Commonwealth, who hereby enjoined o
present the same 10 their respective Houses and
their best cndeavors TO procure the session Of
Congress, repeal the aforesaid unconstitutional and
obnoxious acts
9. Rcsofred, tast'y That the Governor ofthls Com
monweaIh bc, and hereby authorized and requested
to communicate the preceding resolutions to the Le-
gslaucs OF the several States assure them that this
Commonwealth considers Union for specified National
purposes, and particularly for those specified in their
late Federal Compact to be friendly the peace hap
pness, and prosperity of all the States that faithful
to that Compact, according 10 the plain intent and
meaning in which it understood and acccded 10
by the several parties, it is sincerely anxious for its
preservation that il does also believe, that take from
the States all the powers Of selisovenmen and trans