Arkansas true Democrat., 1860-09-15
Kentucky Resolutions of 17sS and 17s9. THE ORIGINAL DRAuGHr PREPARED BY THOMAS

the United States Of America, are noL unlteu the principle of unlimited submission to the gel ral government; but that by compact under style and title of a constitution for the Unit States, and of amendments thereto, they constl ted general government for special purposes, ( lerated to that government certain definite powe reserving each State to itself, the residuary mi of right to their own sef-government; and, u whensoeyerthe general government assumes unt legated powers, its acts are unauthorltative, vo and of no force that to this compact each St; acceded as State, and is an integral party; U this government, created by this compact, was made the exclusive or final judge of the extent the powers delegated to itself since that wol have made it's discretion, and not the constitute the measure of it's powers; but, that in all otf cases of compact, among parties having no co mon judge, each party has equalrigt 10 judge. itself as peN Of intracions as of the mode and me sure of redress.
 }. Resolred, That the constitution of the Unit States having delegated to Congress power punish treason. counterfeiting the securities a coin of the United States, piracies and felon committed on the high seas, and offences agail tha laws of nations, and no other crimes whatev and it being true, as a general principle, and O of the amendments to the constitution having declared, ''that the powers not delegated to United States by the constitution, nor prohloi' by it to the States, are reserved to the States spectively, or to the people," therefore, also, same act of Congress, passed on the l4th day July, l798, and entitled, ''An act in addition to act entitled an act for the punishment of cert crimes against the United States;' as also, the passed by them on the 27th day of June, l19o,. titled, "An act to punish frauds committed on.l bank of the United States,' (and all other ottc acts which assume to create, define, or pun tho,, tod in hn tution) are altogether void and of no forced that the power to create, define, and punish u other crimes is reserved, and of right apperls solely and exclusively to the respective Sts, | each within its own territory.
 | 3. ResoLued, That it is true, as a general psi. pie, and is also expressly declared by one the | amendments to the constitution, that "the psrs l not delegated to the United States by the conu- ton. prohibited by it to the States, are r,v- | ed to the States respectively or to the peo;" | and, that no power over the freedom ot relln, | freedom of speech, or freedom of the press ng | delegated to the United States by the constlbn, not prohibited by it to the States, all lawful len | respecting the same did of right remain, anere reserved to the States or to the people; tha rus | was manifested their determination to ret to themselves the right of judging how far theen- | tiousness of speech and of the press may be ;dg
 
 | far those abuses which cannot be separateron | their use should be tolerated rather than use be destroy ed; and thus also they guarded inst all abridgment by the United States, of three
 dom of religious principles and exercises, re
 tained to themselves the right of protect the same, as this, stated by law passed on thene- | ral demand of its citizens, had already pIcted them from all human restraint torinterteren and !, that, in addition to this general principle ex
 press declaration, another and more speclsr0vi- sion has been made by one of the amendrts to l the constitution, which expressly decla that | "Congress shall make no laws respecting stab l lishment of religion, or prohibiting the fl exer- else thereof, or abridging the freedom o,eech, i or of the press,' thereby guarding in the iesen- | tence, and under the same words, the from of religion, of speech, and of the press, imrch, that whatever violates either, throws en the sanctuary which covers the others, and hbels, | falsehood, and defamation, equally with esy and false religion, are withheld from the cogance of federal tribunals. That therefore the of the | Congress of the Cnited States, passed one 4th -sf July, l79S, entitled, 6 An act in addnto the act entitled an act for the punishment certain l crimes against the United States,'' rh does abridge the freedom of the press, is now, but is altogether void and of no force. N
 4. Resolced, That alien friends areider the jurisdiction and protection of the laws the State wherein they are; that no power ovehem has been delegated to the United States, nrohibited to the individual States distinct froueif power over citizens; and it being true, a g.ra prin- ciple, and one of the amendments to cDnstitu- ton having also declared, that the psfs not de legated to the United States by the ltitution, nor prohibited to the States, are rcsed to the States respectively, or to thepeople, let of the | Congress of the United States, passed 22d day oi June, 179S, entitled, An act concedg aliens, | which assumes power over alien frieInpt delega | ted by the constitutions is not law, ,btaltogethel void and of no force.
 5. Resolued, That in addition to tle eral prin ciple as well as the express declara as that pow
 CTS not delegated are reserved, anor and moro special provision inferred in the cortntion, iron abundant caution has declared, "tl the migra tion or importation of such personssany of tht l States now existing shall think DIE to admit
 shall not be prohibited by the Con- spror to the year lS03." That this commonweh does admi the migration of alien friends descd as the sub iect of the said act concerning als; that pro
 vision against prohibiting their mi tion, IS d pro
 vision against all acts equivalen hereto, or i
 would be nugatory; that to remA them whel
 migrated Is equivalent to proiEon of thei
 migration, and, is therefore, conty to the saiC provision of the constitution, andm
 6. Resolred, That the imprisonnf of persoI
 under the protection of the laws tilis common
 wealth on his failure to obey the mple order 0
 the president, to depart out of tlUnited States
 as is undertaken by the said act dGed, "An ac concerning aliens" is contrary tde constitution one amendment in which has prded, that ''nt person shall be deprived of lby without du process of law" and, that anot having provid
 ed. that in all criminal prosecJns, the accuset shall enjoy the right of public ~ by an impar tal jury, to be informed as to tlnture and caus
 of the accusation, to be confrod with the wit nesses against him, to have con Rory process fo obtaining witnesses in his favoINld to have as 1 sistance of counsel for his defetS' the same ac undertake en to authorize the prdlfnt to remove
 person out of the United Statesho is under tn
 protection of the law, on his dsuspcion, with out jury, without public trial; uout confronta ton of the witnesses against lL without hayin
 witnesses ill his favor, withotdefence, withou counsel, is contrary to these pisions also of tn constitution, is therefore not l ,but utterly void and of no force.
 That tran sferring the poweIs judging any per son who is under the proteciAo Aol the laws, fror the courts to the president of ( United States a is undertaken by the same adsDncerning aliens is against the article of the cdtitution which pro l vides, that, the judicial fer of the Unite States shall be vested in the prts, the judges C which shall hold their office c&ng good behavior, and the said act is void for tereason also, and is further to be noted that tlAransfer of the ju dietary power is to that ma sate of the generi | government who already DOS les all the executiv, and a qualified negative in a ie legislative power
 '. ResoLued, That the cdyruction applied b the general government (aA evident by sundr of their proceedings) to thA Aparts of the const tuition of the United States hch delegate to Cor gress, power to lay and cola taxes, duties, in posts, eXclses; to pay the dt, and provide for tn | common defence, and eeneak ak elfare of the Unite States, and to make all which shall be nece | sary and proper for carryis into execution ti powers vested by the const don in the governmeI of the United States, or aiS department thereo goes to the destruction of | the limits prescribe l to their power by the oRtitution-that worC meant by that instrument be subsidiary only the execution of the limit powers, ought not { | be SC construed as themsdes to give unlimite powers, nor part so to btlken, as to destroy tl | whole residue of the iDsement: That the pr, | ceedings of the general gsrnment under color | those articles, will be find necessary sube for revisal and correctiont time of greater trai | guilty, while those speced in the preceding r solutions call for immedif redress.
 | 8. Resoloed, That the feceding resolutions l | transmitted to the Senat(s and RepT esentatives Congress from the coml mlDnwealth, who are e
 joined to present the sameQ their respective house and to use their best ensavors to procure at ti next session of Congres, a repeal of the aforesa unconstitutional and oblkious acts.
 g. Resoloed lastly, Tit the governor of th commonwealth be, and Authorised and request to communicate the preeding resolutions to u legislatures of the sevehl States, to assure the that this commonwealth pnsders union for speci 1 national purposes, and pfticllary for those snes