The true Democrat., 1856-06-24
Kentucky Resolutions of l798.


 collection. June IT, 1856. 3t
 Kentucky Resolutions of 1798. THE ORIGINAL DRAUGHT PREPARED BY THos
 JEFFERSON.
 The tolloVlng resolutions passed tue House Q
 Representatives cf Kentucky, Nov. 1Oh, 1798
 Oa the passage of the first resolution, one dis
 sentient; 2d 3d, Att, 5t 6th 7A, 8h, t,cc
 dlssentients; 9h, three dissentients
 l. Res01Ue1, That the several States com posing the United States of America, are no united on the principle of unlimited submis son to their general government; but that by compact, under the style and title of Consti tutioE for the United States, and of amend ments thereto, they constituted general gov ernment for special purposes, delegated to tha government certain definite powers, reserving each State to itself, the resduary mass of righ to theT own selt-gOvernment; and that, when, ever the general government assumes undele gated powers, Its acts are unauthorltatve, void and ot no force; that to this compact each StSte acceded as State, and as an integra party; that this government, created by thi> compact was not made the exclusive or fina judge of the extent of the powers delegated to itself; since that would have made its dis cretlon, and not the constitution, the measure of Its powers; but that, as in all other cases o compact among parties having no common judge, EACH PARTY HAS AN EQUAL RIGHT TO JUDGE FOR ITSELF, AS WELL OF ATTRACTIONS AS OF THE NODE AND MEASURE OF REDRESS.
 II. Resolced, That the constitution of the United States having delegated to Congress the power to punish treason, counterfeting the securities and current coin of the United States, piracies and felonies committed on the high seas, and offences against the laws of ma tlons and no other crimes whatever, and it be- ing true, as 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 prohibi- ted by it to the States, are reserved to the States respectively, or to the people," there fore, also, the same act of Congress, passed or the l4th day of July, 179S, and entitled, Al act ill addition to the act entitled an act for the punishment of fcertan crimes against he United States;'' as also, the act passed by them on the 27th day of June, 1798, entitled, An act tc punish frauds committed on the Bank of the United States;;" (and all other of their acts which assume to create, define or punish crime. other than those enumerated in the constitu tion) ore ahogetller uoid, and of no force, anC that the power to create, define and punish such other crimes, is reserved, and of right ap- pertains solely and exclusively, to the respec tive States, each within its own territory
 III. Resolved, That i: is true, as genera principle, and is also expressly declared by ont of the amendments to the constitution, that the "powers not delegated to the United States by the constitution, nor prohibited by it to the States, are reserved to the States respectively or the people," and that no power over the freedom of religion, freedom of speech, ol freedom of the press, being delegated to the United States by the constitution, nor prohb ted by it to the States, all lawful powers re- specting the same, did of right remain anc were reserved 10 the States or to the people and thus was manifested their determination to retain to themselves the right of judging how far the licentiousnesS of speech and of the press may be abridged without lessening their usefu freedom, and how far those abuses which cannot be separated from their use, should bC tolerated rather than the use be destroyed and thus, also they guarded against all abridgment, by the United States, of the free dom of religious principles and exercises, anc retained to themselves the right of protecting the same, as this, stated by law passed or the general demand of its citizens, had already protected them from all human restraint or in- reference; and that, in addition to this general principle and express declaration, another and more especial provision has been made by one of the amendments to the constitution, whict expressly declares that Congress shall make no laws respecting an establishment of religion or prohibiting the free exercise thereof, or abridging the freedom of speech or of the press,' thereby guarding, in the same sentence and under the same worlds the freedom o speech, of religion, and of the press, insomuct 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 withheld from the cognizance of federal tribunals. That therefore, the act of the Congress of the Uni ted States, passed on the 14th of July, 1798 entitled An act in addition to the act entitled an act for the punishment of certain crimes against the United States,'' which does abrlge the freedom of the press, IS NOT LAW, but is altogether VOID and OF NO FORGE.
 w. ResolUed, That alien friends are under the protection and jurisdiction of the laws of the State wherein they are; that no power ovel them has been delegated to the United States nor prohibited to the individual States distinc from their power over citizens; and it being true as a general principle, and one of the amend ments to the constitution, having also declared that the powers not delegated to the United States by the constitution, or prohibited by | to the States, are reserved to the States respec lively, or to the people," the act of the Con- gress of the United States, passed the 22d day of June. 179S, entitled "An act concerning aliens" which assumes power over alien friends not delegated by the constitution, IS NOT LAW but is altogether VOID and of NO FORCE.
 V. Resolved That in addition to the gene ral principle as well as the express declaration thatpowers not delegated are reserved, anothe and more special provision inferred in the con sttuton, from abundant caution, has declared that :" the migration or importation of sucl persons as any of the States now existing shal think proper to admit, shall not be prohibited by the Congress prior to the year 18OS."- That this Commonwealth does admit the mi grafton of alien friends described as the subiec of the said act concerning aliens; that provi sion against prohibiting their migration is pro vision against all acts equivalent thereto, or i would be nugatory; that to remove them whe migrated is equivalent to prohibition of thei migration, and is, therefore, contrary to tn said provision of the constitution, and void.