The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1841-06-15

| th Commonwealth does admit the migration Of alien
friends described the subject Of the said act concern
| ing aliens, that provision against prohibiting their
migrau9n, ~ provision against all acts equivalent
thereto or would be nugatory that remove them
when migrated, - equivalent To prohibition OF their
migration, and Is therefore contrary the said proy
sion OF the Constitution, and void.
| q. ResoIred, That the imprisonment Of person
under the protection of the laws Of this Common
wealth his failure 10 obey the simple order OF tho
President to depart out OF the United States al Is un
detaken by the said act entitled an act concerning
Aliens is contrary TO the Constitution, one amend
nent to which has provided that no 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
puoc tria by an impartial jury, 10 be informed Of the
nature and cause OF the accusation, To be confronted
Win the witnesses against him TO have compulsory
process Tor obtaining Witnesses in his favor and TO have
the assistance OF counsel for his defence" the
act undertaking TO authorize the President
person out OF the United States who il under the
protection Of the law on his own suspicion without
accusation, without jury, without public tIial without
conformation Of the Witnesses against him. without
having witnesses in his favor, without defence, with
out counsel contrary 10 these provisions also Of the
Constitution is therefore not law, but utterly void
and Of no force. That transferring the power of judg
ing any person who is under the protection of the laws,
from the Courts to the President ofthe United States
is undertaken by the concerning aliens, is
against the article Of the Constitution, which provides
that the Judicial power ofthe United States shall be
vested IN Coufts the Judges oil winch snail nou thtH
Offices during good behavior" and that The said act
Is void for that also and il is further 10 be-
noted that this transfer of Judiciary power is to that
magistrate Of the General Government who already
possesses all the Executive and qualified negative
in all the Legislative powers
7. Resoired, That the construction applied ty the
General Government, Gas is eynced by sundry Of their
proceedngs to those parts Of the Constitution Of the
United States which delegate TO Congress power Ia
lay and collect taxes, duties imposts and excuses To
pay the debts, and provide for the defence
and general welfare Of the United States and to make
all laws which shall be necessary and proper for carry
ing INTO execution the powers vested by the Conslitu
ton in the Government of the United States, any
department thereof goes TO tho destruction of all the
limits prescribed to their power by the Constitution
That words meant by that instrument to be subsidiary
only to the execution of he limited powers, ought not
to be so constructed themselves TO give unlimited
powers, nor part SO TO be taken, To destroy the
whole residue Of the instrument: That the proceed
ings of the General Government under color OF these
articles will be fit and necessary subject for revisal
and correction at time of greater tranquility while
those specified in the preceding resolutions call for I'M
mediate redress.
o. Resotred That preceding resolutions be trans
mited to the Senators and Representatives in Con-
gress from this Commonwealth, who are hereby en-
joined to present the TO their respective Houses,
and to use their best endeavors to procure at the next
session Of Congress repeal Of the aforesaid uncon-
stltuti0nal and obnoxious acts
g. Resoiped, lastly, That the Governor of This Com
monwealth be, and he is hereby authorized and re-
quested to communicate the preceding resolutions TO
the Legislatures of the several States 10 them
that this Commonwealth considers Union for specified
National purposes and particularly for those specified
In their late Federal Compact TO be friendly 10 the
peace happiness and prosperity of the States; that
athfulto that Compact according TO the plain intent
and meaning in which ii understood and acceded
to by the several parties is sincerely anxious for It's
preservation that 1t does also believe, that To take
from the States all the powers of self government and
transfer them TO general and consolidated Govern.
ment, without regard TO the special delegations and
reservations soemny agreed 10 in that Compact
for the peace, happiness prosperity OF these States
And that, therefore, this Commonwealth is deernin-
ed as doubts not its co-Sates tamey TO submit
to undelegated and consequently unlimited powers in
no man OF body OF earth that if the acts be-
fore specified should stand these conclusions would
flow from them, that the General Government may place
any act they think proper on the list OF crimes, and
punish il themselves whether enumerated not
merated by the Constitution cognzable by them;
that they may transfer it's cognzance to the President
any other person, who may himself be the accuser,
counsel judge and jury whose suspicious may be the
evidence, his order the sentence his officer the
TONER and his breast the sole record of the ransacion
that very numerous and valua BILE description of the
inhabitants of these States being by this precedent
duced outlaws to the absolute dominion of one man,
and the barrier Of the Constitution thus swept away
from all, rampant remains against the pas
sions and the power Of majority of Congress TO pro-
tect from like expectation other more gricvous
punishment the minority of the same body, the Legis
States their other peaceabe inhabitants who may
venture to reclaim the Constitutional rights and ber
ties of the States and people, who for other causes
good or bad may be obnoxious to the views marked
by the suspicious of the President be thought dan
gerous his their elections other interests public
personal that the friendlcss alien has indeed been
selected as the safest subject Of first experiment but
the citizen will soon follow or rather has already fol-
lowed for already has Scdition Act marked him as
its prey that these and successive acts of the
character, unless arrested the Threshold may tend
to drive these States into revolution and blood, and
will furnish new calumnies against Republican Govern
ments, and pretexts for those who wish II to be
believed that man cannot BIO governed but by rod of
iron; that il would be dangerous deusion, were
confidence In the men of our choice to silence our
fears for the safety of our rhis that confidence is
every where the parent of despotism free government
is founded in jealousy and not in confidence it is
jealousy and not confidence which prescribes limited
Constitutions to bind down those whom obliged
TO trust with power that Constitution has accord
ngly fixed the limits to which, and further, our
confidence may GO and let the honest advocate of
confidence read the Alien and Sedition Acts and say
If the Constitution has not been wise in fixing limits
TO the Government II created and whether we should
be wise in destroying those limits Let him say what
the Government is il it he not tyranny, which the
men Of our choice have conferred the President,
and the President of choice has assened TO and
accepted over the friendly strangers, to whom the mild
spirit of country and its laws had pledged hosp
tally and protection that the men Of our choice have
more respected the bare suspicious Of the President,
than the solid rights of innocence the claims of ust
fcation the sacred force of truth aud the forms and
substance of law and justice In questions of power
then let no be heard of confidence in man, but
bind him down from mischief, by the chains Of the
| Constitution. That this Commonwealth does there
fore call on its coStates for expression of their
tments the acts concerning aliens and for the pun
ishment of certain crimes herein before specified,
plainly declaring whether these acts
thorized by the Federal Compact And il doubts not
that their will be announced prove their
attachment unaltered to limited government whether
general particular and that the rights and liberties
of their co States will be exposed TO dangers by
remaining embarked on common bottom with their