The spirit of the age. [volume] (Woodstock, Vt.) 1840-1844, 1840-12-11

or punish crimes other than those enumerated il
the Consiuion,) are altogether void and of NJ
force, and that the power to create, define, ant
punish such other crimes is reserved, and of right
appcrtans solely and exclusively to the respectiy
States each within its own territory.
Q. Resolrcl, That i, is true as general princi
pie, and Is also expressly declared by one of tn
amendments 10 the Constitution, that ''rhe power
not delegated TO the L. $. by the Constitution no
prohibited BY it 10 tho States, are reserved to tn
States respectively, or to the People," and tina
no power over the freedom of religion, freedom o
speech, or freedom Of the press, being delegated t.
the L. ). by the Constitution, nor prohibited by i
to The States, all lawful powers respecting the same
did OF right remain, and we've reserved to thu
States, CT to the people; That thus was manifested
their determination TO retain to themselves the righ
Of Judging how far the RIGHTEOUSNESS of speech
aud OF the press may be abridged without lessen.
ing their useful freedom, and how far those abuses
which cannot be separated from their use, should
he tolerated rather than the use be destroyed; and
thus also, they guarded against all abrdgmcnt by
and exercises, and retained to themselves the right
Of protecting the same, as this State by a law pass
ed on the general demand Of its citizens, had al
ready protected them from all human restraint or
interference: And that in addition TO this general
principle and express declaration, another and more
special provision has been made by one of the
amendments 10 the Constitution, which expressly
declares, that "tongress shall make no law re-
spectlng an establishment Of religion or prohibiting
the free exercise thereof or abrldging 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 Of the press,
iHsomuch, that whatever violates either throws
down The sanctuary which covers the others, and
that iibels asahooda, and defamation equally with
hcrcsy and false religion, are withheld from the
cognizance Of Federal tribunals: That therefore
the act Of the Congress Of the U. s., passed on the
i4h day of July, 1893, entitled San act. in addi-
ton to he act, for the punishment of ccran crimes
against the |. s." which docs abridge the freedom
Of the press, Is not law, but is altogether void and
Of no effect.
4. Rciolr,i, That alien friends are under the
Jurisdiction and protection of the laws of the State
wherein they are; that no power over them has
been delegated to the U. S., nor prohibited to the
individual States distinct from their power over
citizens; and i, heing true general principle,
and one Of the amendments to the Constitution hay
Ing also declared, that 'lhc powers not delegated
to The L. $. by the Constitution, nor prohibited BY
1t to the States, are reserved TO the States rcspcc-
lively or to the People, the act of the Congress
Of the L. s., passed ON the 22d day of June I79S,
entitled can act concerning aliens" which assumes
power over alien friends moi, delegated by the Con-
s,uon, is not law, but is altogether void and of
no force.
g. Rcso'rel That in addition to the general
principle as well as tho express declaration, that
powers not delegated are reserved, another and
more special provision inserted in the Constitution
from abundant caution has declared, 'Thal the mi
grafton or importation Of such persons as any of
the States now cSiltng shall think proper to admit
shall not be prohibited by The Congress prior to the
year 1902 That this Commonwealth does admit I
the migration Of alien friends described MS the sub i
jet OF the snil act concerning aliens; that pro-
vision against prohibiting their migration, is pro- n
vision against all acts equivalent thereto, or would
be nrg1ory; that 10 remove them when migrated, n
Is equivalent to prohibition oftheir migration and Q
Is therefore contrary TO The said provision Of the d
Constitution, and void. b
6. Rr,olrcl, That the Imprisonment, of person c.
undcr the protection of the laws Of this Common in
wealth On lis failure TO obey the simple order of N
he President, 10 depart out Of the United States, OF
Is is undertaken by the said act entitled "an &C, II
concerning Aliens" is contrary to the Constitution, CT
me amendment TO which has provided that emo NJ
'erson shall be deprived of liberty without due pro- h
c's Of aw,' and that another having provided, cl
that in all criminal prosecutions, the accused shall til
njoy tho right TO public trial by an impartial ju III
=, to be informed Of the nature and cause Of the at
ccusaton, to be confronted with the wi,ncsse. In
sanst him. to hnyn compulsory process for obtain of
~ witnesses IN hs favor, and TO have the nssis- oh
nc; cl ccnnao for his Defence" the same act un- c.
crirhi'g 10 Huihcri;e the President 10 remove n fo
'''"'' ""' VI wv VINO under the W
rejection Of The law, on his own suspicion. with TAI
ut accusation, without jury, whou, public trial, wi
'ilhou conformation Of the witnesses against him. FL
'iIhon' having witnesses in his favour, whou, de- SC
nee, without counsel, is contrary to these proy, TAI
ms ao Of the Constitution, is therefore no, law. e
ut utterly void and Of no force. tie
That transferring the power Of judging any per- &c
IN who is under the protection of the laws. from wi
e Courts TO the President of the United States Co
IS undertaken by tie same act, concerning aliens.
against the article Of the Constitution, which pro. TO
dcs, that lhc judicial power ofihc United States. moi
'a be vested in Courts the Judges (which shall &c
I'D their Offices during good behaviour" and tina, the
e said act Is void for that reason also and !, s soc
riher to be noted, HAT this transfer of Judiciary rg
wcr is to that magistrate of the General Cavern han
emf who already possesses all the Executive. and ass
qualified negative in all Legislative powers, ma,
TySI u'I,,, a.,