Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1860-09-23
Kentucky I'e.olusiens Of Itss and 1888.


Kentucky EsesOlutions OF 11ss and 1888.
ErHE ORIGINAL DRAuGHT rRErARED BY THOMAS JEFFER-
SON.
l. ResofUed That the several States composing the
United States Of America. not united on the
principle Of unlimited submission to the general +
government; but that by compact under the style
and title Of constitution for the United States, and
Of amendments thereto. they constituted general |
government for special purposes, delegated 10 that
government certain definite powers, reserving each
State TO itself the residuary of right to their
own selfg0vernnlent assumes undelegated powers, |
its acts unaUtboritative void, and of no force;
that to this compact each State acceded a State,
and is an integral party that this government Great
ed by this compact. not made the exclusive or
final judge of the extent Of the powers delegated to
itself; since that would have made its discretion
snd not the constitution the measure OF Its powers
but that as in al other cases Of compact, among
parties having no common judge. each party has an
equal Tiq 10 nudge for Itself lCei Of iaTfactioRS as Of
the mode AID measures Of redress
2. RssclCed, That the constitution OF the Unrea
States having delegated to Congress power to pun
ish treason countereitng the securities and coin OF
the United States piracies and eones committed on
the high seas, and offences against the laws OF ma
tons, and 70 other crimes whatever, and lt-Delng
| true as general principle. and one of the amend
mens to the constitution having also declared. that
the powers not delegated to the United States by the
constitution nor prohibited by il TO the States are
reserved to the States respectively, or to the peO-
pie therefore also, the same act OF Congress pass
ed on the 18th day OF July. 1898, and entitled, "Ar
act in addition to the act entitled act for the pun
ishnent of certain crimes against the United States;
j as also the act passed by them on the 9th day Of
june 179S entitled, IAN act to punish frauds COM
! mitted on the bank of the United States (and all
other of their a is which assume to create. define,
| or punish crimes other than those enumerated in
the constitution are altogether void and of force
and that the power TO create, define and punish such
other crimes is reserved, and of right appertaiGs
solely and exclusively to the respective states, each
| within its own territory.
g. Resolved, That it is true, as a general prince
pie, and is also expressly declared by one Of this
amendments to the constitution thai the powers
not delegated the United States by the constitu-
ton nor prohibited by it the States, reserved
to the States Respectively or TO the peoples: and
that no power over tie freedom Of religion freedom
of speech or freedom of the press being delegated
TO the United States by the constitution not prohIb
ted by it to the States all lawful powers respecting
the same did of right remain, and we're reserved tt
the States the people; that thus was MANIFESTED
their determination to retain themselves the RICH
of Judging how far the RIGHTEOUSNESS OF speech ant
ofthe press may be abridged without essening then
useful freedom; and how far those abuses whic!
cannot be separated from their should be t0lera
ted rather than the use be destroyed, ana thus ais
they guarded against ali abuc cement by the Unte'
States of the freedom of religious principles and ex
ercises and retained to themselves the right OF pro
tectng the same this, stated by law passed or
tected them from all human restraints or Interior
ence: and that addition to this general princlpl
andexpress declaration another and more specla
!, provision has been made by one of the amendment
70 the constitution, which expressly declares, tina
Congress shall make no laws respecting an estar
IShment of religion or prohibiting the ire sxercs
= thereof or abridging the freedom of speech, or
the press" thereby guarding in the same sentence
and under the same words, the freedom 81 religion
of speech, and Of the press, inasmuch that whate'
fl aat1rr rH1j ia
covers the others. and that bels falseho0, and il
famation equally with heresy and false religion
are withheld from the cognizance of federal trlbt
nails That therefore the act of the Congress OF u
United States passed on the l4th OF July Il9S' Ell
titled AN in addition TO the act entitled an
for the punishment of certain crimes against the In
ted States" which does abridgc the freedom OF I'll
press is not law but is altogether void and of 4
force.
~ isdiction and protection Of the laws OF the Sta
lie wherein they are; that TO power over them i;
le been delegated to the United States nor prohDiit
IS to the individual States distinct from their powt
. over citizens and it being true, as a general pm
~ pie and one of the amendments to the constitute
ly having also declared that 1.-The powers not deeg
ted to the United States by the constitution nor pr
hibiUed 70 the States are reserved to the States
spectyely, to the people, the act OF the the 20
gress of United States passed the I'D day OF Jun
l7S8 entitled IAN act concerning aliens" which a
suues power over alien friends not delegated ~ Il
lg constitution is not law, but Is altogether void and
1T no force.
'' 5 Resolued That in addition to the general prnl
nc Dle as well the express declaration that p0we
tn NOT delegated are reserved another and more s3ecI
5 provision inferred in the constitution, from abu
a. dant caution has declared. "that the migration
importation of such persons as any OF the stat
d. now existing shall think proper 20 admit shall
ed ne prohibited by the Congress prior to the ye
ISOSr That this cOmmOnw wealth does admit the
grafton Of alien friends described as the subject
the said act concerning aliens; that provls
ne against prohibiting their migration, is proyis
u against al acts equivalent thereto, or 1t would
: nugatory; that to remove them when migrated
IL equivalent 10 a prohibition Of the migration. an
at is therefore contrary TO the said provision Of L
- constitution, and C0id.
en- G. ResolUed That the imprisonment Of a pers
Nc under the protection Of the laws Of this comma
to wealth on his failure to obey tie simple order Of
et President to depart out Of the United States as
~ undertaken by the said act, entitled IAN act &c
~ corning aliens" is contrary 10 the constitution
eh amendment in which has provided. that mo pers
e shall be deprived of the liberty without due prOce
ef of law a" and that another having provided. that
gu all criminal prosecutions the accused shall ENJOY
or right of public trial by an impartial jury, TO
Ia informed as to the nature and cause of the accus
e. ton to be confronted with the witnesses again
II him, to have compulsory process for obtaining W
nesses in his favor and to have assistance OF cou
ca sci for his defence" the same act undertaken
10. authorize the President to remove person out
ut law. on mis- own suspicion without jury, witho
public trial: without conformation OF the witness
ey against him. without having witnesses in his fave
Isl without defence, without counsel. is contrary
be these provisions also Of the constitution thereto
en- not law but utterly void, and Of 40 tOFCt.
at That transferring the power OF Judging any p
ne son who is under the protection OF ths awe gro
eu the courts the President OF the Unsd ates As
en- undertaken by the same act concef-i"8 Aliens
re arainst the article of the constitution which pr
IN vdes that the Judicial power Of the United Stat
IL shall be vested in the courts, the judges OF wh
10 shall hold their Office during good behavior, al
IN the said act void for that reason Also and 1t fl
re Their to be noted that this transfer OF the JudIcia
40 power Is to that magistrate Of the general COVER
meDt who already possesses all the executive, and
ga qualified negative in all the legislative powers
lr' l. Resolved That the construction applied BY Il
E general government las IS evident by sundry OF the
ia proceeding) to those parts OF the constitution OF
re in ted States. which delegate 10 Congress, power
u.s. Law and collect taxes, duties imports, eScsesj TO p
De the debts and provide for the common defence, a
M general welfare OF the United States and to ma
ne all laws VIII Oh shall be necessary and proper l.
CARRYING into execution the powers vested ~ Z
constitution in the government Of tle United STATE
or any department thereof, goes TO the destI uct
as Of all the limits prescribed TO their power ~
, cOusttutiOn-thaI words meant by tlat llstruine
"a to be subsidiary only TO the execution the lImt
powers ought not 10 be SO construed as tnemsc!v
~ e. rive unlimited power, nor part SO To DC take
Of as to destroy the whole residue OF the lnstrumen
" That the proceedings OF the general governing
"a under color Of those articles. will be lit and necS
sary subject for revissl and correction at time
greater tranquility, while those specified II The pr
cedIng resolutions call for immediate redress
in $ RcsOlcsd. That the preceding resolutions
transmitted 20 the Senators and Re reseniai4res
~ Congress from the commonwealth who are eiJoIn
to present the same to their respective houses al
iLs to use their best endeavors TO procure at the ne
rs session of Congress, repesl OF the aforesaid u
IN constitutional and obnoxious acts
On g. Resolved .cst5, That the governor Of 5hls cor
vi nonwealth be- and is authorized ana requested
IN communicate the preceding resolutions 70 the leg
on atureS Of the several States, ~ assure them tn
N this commonwealth considers union for special Il
= tioncI purposes and particularly for those SPECIFIC
IA in their late federal compact 70 be friendly TO Il
IS peace happiness and prosperity Of all the States
% that faithful to that compact according to the pa
n intent and meaning in which it was understood ar
acccded to hv the several parties IL is sincere
anxious FORTS preservaton that 1t docs also belize
that 10 70 &c from the States all lie powers o. sci
Id -ova-.r-rear and transfer them to general az
consolidated government without regard 20 Il
e7.ci.I government, and reservations solemn
b. agreed to in that compact IS nos Tor the peace ha
ne nine or prosperity OF these States And that taer
,a fore his commonwealth Is determined rs i doUb
y nat lis co-statas are 10 submit to unde-egate