The Arkansas banner., 1845-11-12
3 Reso7sed. That t is true. as a general

 States, were reserved to the States respective
 ly, or to the people; and that no power over the freedom of religion, freedom of speech,
 or freedom of the press, being delegated to the United States by the Constitution, nor prohibited by il to the States, all lawful pow
 CTS respecting the same dld of right relHan,
 and were reserved to the States or the People;
 that thus was manifested their determination
 to retain themselves the right of judging how
 far the licentiousHess of speech and of the f press may beabfdged without lessening their
 useful freedom, and how far those abuses
 which cannot De separated from their use
 should be tolerated, rather than the Use be
 destroyed; and thus also they guarded against l all abfidgmcat, by the United States, of the freedom of religious opinions and exercises, l and retained 10 themselves the right of pro- lection of the same; as this State, by law
 passed on the general demand of its citizens,
 had already protected them from all human
 restraints or interference, and that in addition
 to this general principle and express declara
 ton, another and more special provision has
 been made by one of the amendments to the
 Constitution, which expressly declares that
 .Congress shall make no law respecting all
 establishment of religion, or prohibiting the
 free exercise thereof, Of abridging the free
 dom of speech or of the press , thereby guarding, in the same sentence, and under the
 same words, the freedom of religion, ol speech, and of the press; insomuch that what ever violates either, throws down the sanctu- , aTy which covers the other, and that libels, : fllsehood, and defamation, equally with her. esy and false religion, are withheld from the cognzaaco of federal tribunals; that there : fore the Act of Congress of the Un;ted States, . passed on the l4ih day of July, l798, enti-
 tied ''An Aet in addition to an Act entitled an Act for the punishment of certain chimes
 against the U. Slates," which does abfidge the freedom of the press, is not law, but Is al- 3 together void and of no force
 1. Gcsoigea, That alien friends are under
 the jurisdiction and protection of the laws of } the Slate wherein they ale; that no power s over them has been delegated to the U. States, : nor prohibited to he indiyidua! States, dis [ tlnct from their power over citizens; and it's 3 being true, gs . general principle, and one ol l the amendments 10 the Constitution having : also declared ..thal the powers not delegated 10 the United States by the Constitution, nor f prohibited by t to the States, are reserved to } the States respectively, or 10 the people, ? the 7 Act of the Congress of the United States,
 passed on the-day of July, 179S, entitled . ''Al Act concerning Aliens" which assumes } power over alien friends, not delegated by : the Constitution, is hot law, but is altogether ' void, and of 10 force
 , ,. Hcs2itea, That in addition to the gen eralPrinciple as well as the express declaration z that powers not delegated are reserved, ano- ther and more special provision, inserted in the Constitution from abundunt caution. has declared that sstha migration or importation ' ot such persons aS any of the States now ex- isting shall think proper 10 admit, shall not l be prohibited by the Congress prior to the
 year l508;o that this Commonwealth does admit the emigration of alien friends, descri- ' bed as the subjects of the said act concerning l Aliens; that provision against prohibiting , their migration, IS a provision against all Acts
 equivalent thereto, as it would be nugatory: i that 10 remove them, when emgrated, Is equi- vaIent to prohibition of their migration and is, therefore, contradictory 10 the said provision of the Constitution, and void
 6. Rcs0lred, That the imprisonment of a - person under the protection of the laws oi this Commonwealth, on his failure to obey : the simple order of the President to depaft
 out of the United States, as is undertaken by lhe said Act entitled .'An Act concerning
 Aliens,o is contrary to the Constitution, on( amendment of which has provided that Sir
 all criminal prosecutions the accused shal
 enjoy the right to public trial by an impar
 ual jury; to be confronted with the witness
 cs aganst him; to have compulsory process
 for obtaining witnesses in his favor; and te
 have the assistance of counsel for his de 7 fence" The same act undertaking to author 5 lZe he President of tte United States 10 re : move a person out of the United States Wh.
 is under the protection of the law, on his owl
 suspicion, without accusation. without jury z without public trial, houtconlronlation Q Il the witnesses against him, without hearing : witnesses iu his favor, without defeIce, win a out counsel, i5 contrary 10 these provisions : also, of the Consultation, and is, therefore. nc : law, but utterly void, and Of no force; tbat - transferring the power of judging any person 2 who I5 under tfe protection of the !aW, iron - the courts to the President of the tnitef s States, as is undertaken by the same Acfcon q cerning Aliens, Is against the article of thu : Constitution which provides that s'the judi E cial power ef the United States shall be yes. . ted ill courts, the judges of which shall holt q their offices during good bchavior;n and iha s the said aet is veid fer that reason also anf t il is further to be noticed that this transfer O e judiciary power is to that magistrate of the 2 General Government who already possesse. q all the executive, and a negative on all th, l. legislatye powers.
 7 2. Resolsed, That the construction apDli s ed by the General Government las is e evi. fl donced by sundry of their proceedings} tc # those parts of the Constitution of the Unile(
 States which delegate 10 Congress a power ''to lay and collect taxes, duties, imposts. ane : exciscs, to pay the debts and provided fol @ the common defence and general welfare o the U $. and to make all laws which shall Dc necessary and proper for carrying into exc cuion the powers vested by the Constitution ! in the Government of the United States. ol U in any department or officer thereof.' goes to the destruction Of all the limits prescribed . 10 their power by the Constitution. tbat