The Texas Republican. [volume] (Marshall, Tex.) 1849-1869, 1852-08-28

Of \ person under the protection of the
la"s OF this Common wealth. on his failure
to obey the simple order of the President
TO depart out Of the United States, as i,
undertaken by the said Act, entitled " An
Act concerning Aliens" Is contrary to the
Constitution, one amendment in which has
provided that no person shall be deprived
of liberty without due process OF law; "
aud that another having provided that, in
all criminal prosecutions the accused shall
enjoy the righ, to a pablo trial by an i'm
partial jury, To be informed rs TO the n AZURE
and cause Of the accusation, to be con.
iton,ed with die witnesses against him. to
have compulsory process for obtaining Wit
nesses Ia his favor. and to have assistance
OF counsel for his defence" the same Act
Undertaking to authorize the President IT,
/ remove person out OF The l nited States
who is under the protection Of the law. on
his own suspicion, without jury, without
public trial without conformation OF the
witnesses against him. without having wit
nesses in his favor, without defence. with.
out counsel, is contrary to these provisions.
also, of the Constitution is, therefore,
NOT LAW. but utterly VOID and OF NO
FORCE.
That transferring the power Of Judging
any person who Is under the protection OF
the Laws, from the courts to the President Of
the L nited S,stes, ~ is undertaken by the
same Act concerning Aliens. Is against the
Article OF the Constitution which provides
that the Judicial power OF the United
States shall be vested in the courts. the
Judges of which shall hold their office du-
ring good behaviour aud that the ss"
Act Is void cor that reason also ; and II IS
further 10 b. noted, that thu transfer OF Jus
dicar, power Is to that magistrate OF the
General Government, who nlt.ad, possesses
all The Executive, aud n qualified negative
in all the Legislative powers.
VII Resided, lhat the construction
applied by the General Government (ns is
-,iuced b., sundr, OF their proceedings to
those parts oi the Constitution oi the | al.
ted states ~ hicb delegate 10 tnngtess power
TO lay and collect lakes. duties. inposts.
"scises. to pay the debts aud provide for
the common defence aud general welfare
Of the United States, aud to make all laws
which shall be necessary aud proper Tor
carrying INTO execution the powers vested
hy the Constitution III The 'ove'nmeh' "'
the | utcd states. or an, department there
Of goes to the destruction al all the liuits
prescribed to their power 10y th. onsiilu'
'l"n That words meant by that instrument
to be subsidiary only Ia the execution of
the limited covers. ought not to lie ~ con"
,siued As themselves to give uhiini'led pow
rrs nor part so to he taken rs I" destroy
the whole residue OF the instruments mat
the proceedings OF the Henersi 1ovefn'
men' under color OF those ARTICLES, WI he
Mt and necessaf, SUBJECT Tor fe''sHl an"
correction at TINE oil greater tan1u'h''N'
while ihos. spe''h"" III 'he pleeeu'"s res
"luu"ns eau '"f 'i''n,e"'"'e ''u''ss'
WI "so'teo' 'ha' Tue p'e'eo''s 'es
buttons DE uahs"''''.o VI ''e Se"a'"is anu
Rep'esen'"'es /" congress 'f"" 'h's .om
W"h"e"Iih, WI" are enlo'h'o TO present 'h'
same 10 'h'lf respective houses ana 10 use
''et best eharaN"'s !" procure, II, u'e
next session OF congress- repeal OF Tue
h'or"sAiu unco"s"'u''o""' ""o o""oAo"s
Nc's
TX. Resolved lastly, That the Governor
of this Common wealth be, and is hereby.
authorized aud requested 10 communicate
the preceding resolutions to the Legislatures
of the several tates, Ia assure them that
this commonwealth considers union for
special national purposes, aud particularly
tor those specified III Their late federal com
pact, To he friendly To the peace, happiness,
and prosperity, oi nil the states that.
faithful Ia that compact, according To the
plain intent aud meaniug IN which II was
understood and scceded to by the several
parties, IT Is sincerely ANXIOUS Tor ITS pres.
eryaIion, t.at IT does also believe, that, to
tax, from the states all powers OF self
government. and transfer them to a general
aud consolidated government. without re.
gard Ia the special d.legation. add rcserva
tons solemnly agreed to IN that compact,
is no. tor the peace. Happiness, or prosper
NY OF these states; aud that, therefore,
this Commonwealth is determined. S !;
doubts not It's states ARE. tsmely To SUB.
mt to undcisedffd, and consequently IN
limited po~ers, N M man or body Of men
on earns that, II the Arts before specified
should stand. these conclusions would flow
ira II them-that the General Government
~ place any act they think proper on the
list OF crimes, Hni punish II themselves,
whether enumerated OF not enumerated b,
that they may transfer ''' c"gn'Aance to the