The Texas Republican. [volume] (Marshall, Tex.) 1849-1869, 1851-10-11

| :" 'r""ve ssc"ss ~ucU mXVAtoUs u equiv
lent to y prohibition Of their migration. IN,
10, therefore. contrary to the said provisio,
Of the Constitution and roid,
VI. Resolved. That the Imprisonment
If person Under the protection of III,
laws Of this Commonwealth, on bic faiIur,
10 obey the simple order Of the Psesden
10 depart out Of the United States, A. i
undertaken Ivy the said Act. entitled " Al
Act concerning Aliens" 10 contrary 10 III,
Constitution. one amendment in which has
provided that mo person shall hs d~privet
Of liberty without due process Of law 4; y
and that another having provided that, IL
all criminal prosecutions. the accused shal
enjoy the right to public trial. by an in,
partial jury, to I've informed NJ 10 the nature
and csuse Of the accusation, to bs con
fronied with the witnesses against him. "a
have compulsory proress for obtaining wit.
ness~a 10 his favor. aud TO have assistance
Of counsel for his defence" tho same Act
undertaking to authorize the President Ia
remove n person out ~ the United States
who is under the prot~c.ion of the law. on
his own suspicion, without jury, without
public trial. without conformation uf the
witnesses against him. without having wit.
ness~s in his favor. without defence, with.
out counsel. 10 contrary TO these provisions.
nlso, Of the Constitution-is. therefore.
nor LAW. but utterly vo,p and Of NO
voRcI.
That transferring the power of Judging any
person who 10 under the protection oi the
laws. !rom the courts 10 the President ot
the United States, M h undertaken l,y the
anne Act concerning Aliens, is against the
Article Of the Constitution which provides
that 1.-The Judiri"l power of the United
States shall h- vested In the courts. the
Judges of which shalt hold their Office iu
ring good behaviour" and that the said
Act 10 void for that reason also and il 10
further 10 he noted. that this transfer Of jn.
dietary power 10 to that magistrate Of the
General Government who already Possesses
Ill the Executive, aud u qualified negative
in all the Legislative powers.
VII Resolved. That the construction
applied by the General Government (as 10
evinced by sundry OF their .roceeding.) Ia
these parts Of the Constitution OF the Uni.
ted States which delegSte to Congress power
to lay aud collect taxes, duties. inposts,
excuses, 10 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 proper for
carving into execution the powers vested
by the Constitution in the Government, Of
The United States, or any department there.
of, goes to the destruction OF all The limits
prescribed to their power by the Constitu
ton: That words meant by that instrument
to be subsidiary only to the execution OF
the limited powers, ought not to bs 81 con.
strued rs themselves 10 sis~ unlimited pew.
ers, nor part 80 to be taken ~ to destroy
the whole residue of the instrument: That
the proceedings of the General Govern.
msn' under color Of those articles. will be
n fit and necessary subject for revisal and
correction at time Of greater tranquility.
while those specified in the preceding res.
oluions emil Tor immediate redress.
VIII. Resolred, That the preceding res.
oIutioms he transmitted 10 the Senators and
Representatives !" Congrcss from this Com.
mouweal,l,. who are cni"ined to present the
same 10 their respective Houses. ard to use
their best c,dcavors to procure, nj the next
sesssion Of Congress, n repeal Of the afore'
said unconstitutional and obnoxious Acts.
TX. Rssoired. lastly. That the Governor
Of this Commonwealth I've. and 10 hereby.
authorized aud requested 10 communicate
the preceding resolutions to the Legislatures
of the several States, 10 assure them that
this Common wealth considers union for
special nationxl purposes. and particularly
Tor those specified IN their late federal com
pact, to be friendly to the peace, happiness,
and prosperity. Of all the States; thn',
faithful to that compact. according 10 the
plain intent aud meaning in which II was
Understood and aeccdrd 10 by the several
parties. il - sincerely snxi"ns for ia pres
ervntion; that il d.~s ais" believe. that, 10
take FROM the sts,es MI the powrrs Of self
government. and transfer them 10 a general
aud consolidated government. without 70.
gard to the special delegations aud rcserva.
tons soirn,"ly sgr~ed !" !" that compact.
10 nnt Tor the peace. happiness. or prosper.
ity, If these States; aud that. thescfrre.
this Commonwealth IL determined. ~ Il
doubts not its ca. States are, tan'cls I" sub
MI TO undeiegafsd, aud co"s~qus ",ly ~.
limit I'd yoxrrs. ~ M man or bSdy If men
on Garth that, !, the Arts before specified
should stand, thssr CONCLUSIONS would tl"w
from ,u-thmt IL. General Government
may plnc~ any vet they think proper q" the
list ii crimes. aud pa"iAh Il the"sslv-s.
whether enua,eratssl Or not enumerated by
the Constitution ~ roenisAiAs BY them ;
that they may transfer is r"sniaa,'es I" the
President or any Other j'ers"n. VIII" may
hims.i. he the accassr, counsel, judge. and
Jury, whose suspicious may liz the evidence,
his order the sentence. HE officer the ex~cu.
TONER, mud his breast the solc ecosd Of the
transaction; that very numerous aud val
unl,l. desc ipiinm II the iphsbilants Of these
States being by this precedent reduced n
nutIaws tn the absolute dominion Of ons
man. AID the barriers Of the Consultation,
thus swept from " all. no rampant now ~
mains against tlss psss;ons and the powsrs
Of . ,msj,ri,y Of C"nyrssa, - protrc, from
= like ~s,nsts,io" NJ other grievoas panish
ment the majority of the same bedv. TIL
Legislatures, Judges. tiovseWors, and C"cn
s~liuru "f the States, nns their other t'eacs
aide ,.hslit.nts. who may venture I" ~
claim tLs ronsli, utipssnl 'ighls and Liberties
Of the States and psse,s. ~ wtn. far oshs,
csasss. gs.d OF had. may b. obnos'oss Z
shs vi~w. = marked hy tn saspicicns =
H. President. ~ N n theSsAt Dangerous
10 h;s on tlssir sisctlNNA os nshse lHterests
l~.,A;e or personal III n fsi~ndlvss Alies
| haa tesn srlectSd - ~ oattes sahiert .