Arkansas democratic banner., 1851-06-03

Itc'' iH Pt A*ANf bAt tS @ANFs~tiiNA fHA oHN VI effect.
 ". Ressicea That alien friends are under the jurisdiction aad protection oi the laws of the States wherein they are, that no power over them has been delegated 0 the United States, nor pro hfbited to the individual StateS distinct from their power over citizens; and t being true general principle, and oue of the amendments to the Con stltut0R having aisa declared that |" the powers not delegated to the United States hythe ConSttu ton prohibited by it to tho States areYeServad Co the States respectively to the People" the Act ot the Congress of the United States, passed Inc 22d day of June, l79s, entitled An Act con eerning Aliens" which assumes power over alien friends, not delegated by the Constitution, is not law, bnt is altogether void and of 10 force.
 V, Resolrej, That in addition 10 tte general principle, as well as the express declaration that powers not delegated are reserved, another and more special provision inserted n the Constitution, from abundant cautIon has declared that '' the migration or importation oi such persons as any of the States aow existing shall think proper to ad mt, shall not be prohibited by the Congress prior to the year i5oS.o That this Comm0mw eaith does admit the migration of alien friends described as the subject of the said Act concerning Aliens, that provision against prohibiting their migration, IS provision against all acts equivalent thereto, or It would be nugatory; that to remove them, when migrated, IS equivalent 10 a prohibition of their migration, and IS, therefore, contrary to the said provision of the Consultation, and ro,d
 VI. ResoioeI, That the imprisonment of per son under the protection of the laws of .hls Com monwealth on his failure to obey the simple order of the President to depart out ol the United States, as is undertaken by the sad Act, entitled An Act concerning Aliens" IS contrary to the ConSti- tution, one amendment in whch has provided that "no persons shall be deprived of liberty without due process Of law" and that an0ther having pro- yded that, In all criminal prosecutions the ac- cuScd shall enjoy the right to public trial, by an impartial jury, to be informed as to the naure and cause of tie accusation, to be confronted with he witnesses agaInst hm, to have compulsory process for obtaining witnesses in his favor, and to have assistance of counsel for his defence" the same Act undertaking to authorize the President to re- move person out of the United States who IS under the protection of the law, on his suSpi- clon, without jury, without public trlal, without conformation of the witnesses against him, with out counsel, IS contrary to these provisions, also, of the ConStituton-iS, therefore not law, but ut teriy void and of no force
 That transferring the power Of judging any per son who is under the protection of the laws, from the courts 10 the President of the United States, as undertaken by the same Act conceruing Aliens, IS against the Article of the Constitution which provides that G the JudIcial powers of the United States shall be vested in the courts, the judges of winch shall hold their office during good behaviour,' and the said Act IS void for that req son also; and Il IS further to 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 ln all the Legislative power
 VII Resolvsd, That the construction applied by the General government Jas is eylnced }.y sundry of their proceedingS) to those parts ol l. Consti- tUtIOn of the United States which delegate to Con- greSs power 10 lay and collect taxes, to pay the debts and provide for the common defence and general welfare ot the United States, and to make all laws which shau be necessary and proper for .nF. t Al Constitution in the Government of the United States, or any department thereof, goes to the destruction Of all the limits prescribed 10 their power by the Constitution; That words meant by that instrument to be subsidiary only to the exc cutien of the limited powers, ought not to be So construed as themselves to give lnlimited powers, nor part so to be taken as to destroy the whole residue of the instrument: That the proceedings ofthe General Government, under cenr of those articles, will be it and necessary subject for reysal and correction al time ofgreatcr tranquility while those specified in tle preceding resolutions call for immediate redress.
 VIII. ReS9iued, That the preceding resolutions he transmitted to the Senators and Representatives ln Congress lrom this Commonwealth who are unuIncd tO present the same b thcr respective Houses, and to usc their best endeaYurs to procure al the next session, of Congress, a repeal of the aforesaid unconstitutional and obnoxious Act.
 TX. Resolrea. lastly That the Governor of this commonwealth pSp anu iS u@ECD), dutuDtLktu alu requested to communicable preceding resolutions to the Legislatures of the several Staies to assure them that thts Commonwealth considers union for special national purposes, and partIculatly for those specified m their late federal compact, Co be friendly to the peace, happiness and prosperity, of al the States that. faithful t0 that compach according 10 the plain intent and meaning in which t was understood and accede) 10 by the Seyesal parties 1t IS sincerely anxious iOt itS preservation: that IL does also believe, that, 10 takefrom the States all the powers of self government and tratSlar them to a general and consolidated government without regard to the special delegations and reservations soinniy agreed to Tn that compact, is not for the peAce, happiness, or prosperity, of these States; anu that, therefore, thiS Commonwealth IS deter mnet as t doubts n0l its cOStates are, not tanely ta submit 10 undeiegated and consequently unlInit- cd powers, m no man or body of meu earh that If the Acts before specified should stand, these con clusl0nS would flow from them--that the General Government may place any act they think pfoper on inc list ot crimes, and punish Il themselves, whether enumerated or not enumerated by the Constitution as eogmzablc by them: that they may qstransicr its eognizanee to the President CT any other person, who may hiuseif be the accuseT. counsel, judge, and jury, whose suspicious may he the evidence hlS order sentence, his officer the cNecut0ner, and hls breast the sole record of the transaction; that very numerous and valuable description of the inhabitants of these States being by tl!s precedent, reduced as outlaws to the ab- Soutc dominion of one man, and the barriers of the Constitution thus swept from us all, no rampant now remains against the passions and the powers oI majority Of Congress, to protect from a like expOftation other grieyous punishment the min orty of the same body, the Legislatures, Judges, Governors, and Counsellors of the States nos ther other peaeeable inhabitants, who may venture io reclaim the constitutional rights and liberties of the States and People, of wao, for other causes, good CT bad, may be obnoxious to the yiew, of marked hV tf.n nFt Ru Rsas. t be thought dangerous to his or their elections CT other interests, public personals that he friend leSs Alien has been selected az The saest subject Of hfs experiment.; but the citizen will s,on fol- low, or, rather. has already followed for already has Sedition Act marked him as a prey tha. these and saeeessige acts ot the same character, unless arrested od the threshold. may tend tD drive thesa States luia revolution and blood. and will furnisb n1w easamHies against Republican Governments, ana neM pEsiaNts fnE lhoaa " 10 nlAA Il b lai-all