The southern press. [volume] (Washington [D.C.]) 1850-1852, 1851-09-27

Inc )0itototnB resolutions passed the House NJ
Representatives cf Kentucky, November lOth,
i7ss. On The passage Of he lst resolution,
one dissentient; I'd, Sd, 4ih. 5th, 6h 7th, 6th,
hoo d'ssent'enfs; 9Th, three dissentients.
L. Resolved, That the several States compo-
sing the United States of America, are not united
on the principle OF unlimited submission To
their general government ; but that, by compact
under the style and title OF Constitution Tor
the United States, and Of amendments thereto,
they constituted general government FOR
special purposes, delegated to that government
certain definite powers, reseryng each State to
itself the residuary mass of right to their own
self. government; and that, whatsoever the gen.
eral government assumes undelegated powers,
its acts are unauthontative, void aud Of no
force that TO this compact each State acceded
as State, and integral party, that this
government created by this compact, was not
made the exclusive or final Judge of the extent
of the powers delegated to itself since that
would have made its discretion, and not the
Constitution, the measure Of its powers; but
that as in all other cases of compact, among
parties having no common Judge EACH, PARTY
HAS AN EQUAL RIGHT TO JUDGE FOR ITSELF, AS
WELL OF IHFRAcTIos AS OF THE MODE AND
MEASURE OF REDRESS.
| Q. Resolped. That the Constitution of the
United States having delegated to Congress a
power to punish treason, counterteiting the &C.
curities and current coin OF the United States,
piracies and felonies committed on the high seas,
and offences against the laws of nations, and no
other crimes whatever; and it being true, as 4
general principle, and one of the amendments to
the Constitution having also declared that "the
powers not delegated to the United States by
the Constitution, nor prohibited by it to the
States. arc reserved to the States respectively,
or to the people )" therefore, also, the same act
of Congress, passed on the l4th day of July,
1898, and entitled san act in addition to the act
for the punishment of certain crimes against the
United States" as, also, the act passed by them
on the 9th day of June, 1898, entitled IAN act
to punish frauds committed an the Bank of the
United States;" land all other Of their acts which
assume to create, define, or punish crimes other
than those enumerated in the Constitution are
altogether poid and of no force; and that the
power to create, define, and punish such other
crimes, is reserved, and Of right appertains solely
and exclusively, to the respective States, each
within its own territory
{. 3. Resolued, That it is true, as general prin.
ciple, and is expressly declared by one Of the
amendments to the Constitution, that "the pow
ers not delegated to the United States by the
Constitution, nor prohibited by to the States,
are reserved to the States respectively, 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 it to the
States, all lawful powers respecting the same
did of right remain, and were reserved to the
States or to the people; that thus was mani
tested their determination to retain to them
selves the right of judging how far the licen.
4: Nd of tha ho
abridged without essening their useful freedom,
and how far those abuses which cannot be sep
arated from their use, should be tolerated rather
than the use should be destroyed; and thus,
also, they guarded against all abridgment by the
United States, of tho freedom of religious prin-
cpes and exercises. and retained to themselves
the right of protecting the same. as this, stated
| by law passed on the general demand of its
citizens, had already protected them from all hu
| man restraint or interference and, that in add-
| ton TO this general principle and express decla-
ration, another and more special provision has
been made by one of the amendments to the
| Constitution, which expressly declares that
Congress shall make no laws respecting an
tablishment of religion. or prohibiting the free
exercise thereof, or abridging the freedom of
speech. or ohyfe press" thereby guarding, in the
same sentence, and under the same words, the
freedom Of religion, of speech and OF the press
insomuch that whatever violates either, throws
down the sanctuary which covers the others;
and that libels, falsehood, and defamation,
equally with heresy and false religion, are with
held from the cognizance of federal tribunals.
That therefore, the act of the Congress of the
United States, passed on the 14th of July, 1898,
entitled 'an act in addition to the act entitled
an act for the punishment of certain crimes
A. i'll ,.,h,.h ali
the freedom of the press, is NOT LAW, but is al
together VOID and or NO EFFECT.
A. Resolped, 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 United States, nor
prohibited to the individual States distinct from
their power over citizens; and it being true, a
general principle, and one Of the amendments
to the Constitution having also declared that
"the powers not delegated to the United States
by the Constitution, nor prohibited by 1t to the
States, are reserved to the States respectively,
or to the people," the net Of the Congress- Of the
United States, passed the 22d day Of June, |
1898, entitled San act concerning Aliens which
assumes power over alien friends, not dele
gated by the Constitution, is NOT LAW, but is |
altogether VOID and Of NO FORCE.
g. RESOLVED, That in addition TO the general
principle, as we'll an the express declaration that
powers not delegated are reserved, another and
more special provision inserted In the Constitu-
ton, from abundant caution. has declared that
A." the migration or importation of such persons
as any Of the States now existing shall think
proper to admit, shall not be prohibited by the
Congress prior to the year 1905" That this
commonwealth does admit the migration of
alien friends described as the subject Of the
said act concerning aliens; that provision
against prohibiting their migration, is proyi-
sion against all acts equivalent thereto, or it
would be nugatory that to remove them, when
is equivalent to prohibition of their
migration, and is, therefore, contrary to the said
provision of the Constitution, and poid
g. Resoipcd, That the imprisonment of per-
son under the protection of the laws of this CON-
monwealtb, on his failure TO obey the simple or
der Of the President to depart out of the United
States, as is undertaken by the said act enti-
tied An act concerning Aliens" is contrary to
the Constitution, one amendment in which has
provided that mo person shall be deprived of
liberty without due process of law" and that
another having provided that ain all criminal
the accused shall enjoy the right