Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1860-11-10

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OF amendments thereto they constituted general |
government for special purposes, delegated to that
government certain definite powers, reserYIng each
state TO itself the residury mass OF right 70 thelr
own selfgovernTnent assumes undelegated powers,
its acts are unauthorative void, and Of no force;
that to this compact each State acceded as state
and is an ntegra party that this governmentcreat-
ed BY this compact was not made the exclusive or /
final Judge of the extensof the powers delegated to
itself: since that would have made its discretons
and not the Consultation the measure of its powers
but that as in al other cases of compact among /
parties having common judge, each party has an
equal right to Judge for Hse as rel Of ttracions as Of
the mode and measures Of redress.
2 RESOLVED. That the Constitution of the United
States having delegated to Congress power to pun
sh treason counerfeitng the securities and coin of
the United States piraces and feOnies committed on
the high seas, and offences against the laws of ma
tious and no other crimes whatever. and IT being
true, general principle, and one of the amend
menfs the Constitution having also declared. that
the powers not delegated to the United States by the
Constitution, prohibited by it to the States are
reserved to the States respectively, TO the peo-
pie" therefore, also the act of Congress, pass
ed on the l4th day Of July, l79S and entitled An
act in addition to the act entitled act for the pun
ishment Of certain crimes against the United States
as also. the act passed by them the 9th day Of
June. 1885, entitled, IAN act to punish frauds com
mitted On the banks of the United States,' lard all
other of their acts which assume to create, define
punish crimes others than those enumerated in
the aiLOGelnef NOlQ VI lOICes
and that the power to create define and punish such
| other crimes is reserved, and of right appertams
solely and exclusively to the respective States each
within its own Territory.
g. RESOLVED, That iii true general principle,
and IS also expressly declared by of this amend
ments to the constitution that the powers not dele
gated TO the United States by the constitution, nor
prohibited by 1t to the States, reserved to the
! States respectively to the peoples; and That no
| power over the freedom of religion, freedom OF
MOTT he rorp
the United States by the constitution, notprombled
by it to the States, all lawful powers respecting the
same did of right remain, and were reserved to the
States peoples and thus was manifested their
determination 10 retain to themselves the right OF
! Judging how far the RIGHTEOUSNESS of speech and
of the press may be abridged without lessenng
their useful freedom; and how far those abuses
which cannot be separated from their use should be
tolerated rather than the use be destroyed, and
thus also they guarded against all abridgement by
the United States of the freedom OF religious prln-
cpes and exercises and retained to themselves the
right Of protecting the same, this, stated by law
passed on the general demand OF It's cItizens' mad
already protected them from all human restraints
or interference and that, in addition to thls gen.
eral principle and express declaration, another and
more special provision has been made by one OF the
amendments to the constitution, which expressly
! declares, that Congress shall make no laws res
specting an establishment of religion, or prohibiting
the free exercise thereof, or abrldgng the freedom
OF speech, or of the press" thereby guarding IN
| the same sentence, and under the same words, the
freedom of religion, Of speech, and OF the press,
| inasmuch that whatever violates either, throws
down the sanctuary which covers others, and that
libels falsehoOd. and inflammation, equally with here
sv and false religion are withheld from the COgih-
zance OF federal tribunals. That therefore the act
of the Congress of the United States passed on the
18th of July 1885, entitled, "An act in addition to
the act entitled act for the punishment OF GER
tain crimes against the United States" which does
abridge the freedom Of the press Is not law but is
I Ia. Il. ,-o.I % foYao
l. ResOlued. That alien friends under the ju-
risdicton and protection of the laws of the State
wherein they are that no power over them has
been delegated the United States nor prohibited
to the individual States distinct from their power
over citizens and it being true, as general prln-
cipe and one of the amendments to the Constitution
having also declared, that the powers not delegated
TO the United States by the Constitution, nor pro-
hibited the States reserved to the States re-
spectvely to the people, the act of the Congress
| Of the United States passed the 22d day of June,
1888 entitled IAN act concerning Aliens, which as
sumes power over aliens not delegated by the Con-
sttuton, is not law but altogether void and ofno
| force.
s. Rssolue9. That in addition to the general prin-
cipe as well the express declaration, that powers
not delegated are reserved, another and more spe-
cial provision inferred in the Constitution, from
abundant caution has declared, 'that the migration
or importation of such persons any offhe States
now existing shall think proper to admit shall not
be prohibited by the Congress prior 10 the year
| 1905 That this commonwealth does admit the MI
grafton Of alien frien1s described as the subject Of
the said act concerning aliens that a 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 TO prohibition of the migration, and,
Is therefore contrary 70 the said provision OF the
| Constitution. and UOid
| 6. Rescued That the Imprisonment of a person
under the protection of the laws of this common
wealth on his failure to obey the simple order OF
the President to depart out Of the United States, as
1 Is undertaken by the said act, entitled An act
concerning aliens is contrary to the constitution,
one amendment IN which has provided, that mo per-
son shall be deprived Of the liberty without due
process of law and that another having provided.
THAT in all criminal prosecutions, the accused shall
enjoy the right of public trial by impartial
jury to be informed as the nature and cause OF the
| accusation 10 be confronted with the witnesses
against him, 70 have compulsory process Tor obtain
ing witnesses in his favor and to have assistance of
counsel for his Defense the act undertaken to
authorize the President TO remeye person out of
the United States who is under the protection of the
law on his own suspicion, without jury without
pubic trial. without conformation Of the witnesses
against him. without having witnesses IN ms favor
without defence, without counsel, IS contrary to
these provisions also Of the constitution is there
fore not a law, but utterly 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 TO the President of the United States is
| undertaken by the same act concerning aliens, is
against the article of the constitution which pro
vides that THE judicial power Of the United States
shall be vested in the courts, the judges of which
shall hold their office during good behavior" and
the said act is void for that also, and 1t Is
further 10 be noted that this transfer of the judiciary
power is to that magistrate of the general govern
ment who already possess all the executive, and a
qualified negative in all the legislative powers.
:. RESOLVED, That the construction applied by the
general government las is evident by sundry of their
proceedng) to those parts of the constitution of the
United States, which delegate to congress power 20
Law and collect duties imports, excuses TO pay
the debts and provide for the common defense. and
general warfare of the United States, and TO make
! all laws which shall be necessary and proper for
! CARRYING into execution the powers vested by the
constitution in the government of the United States
or any depstment thereof goes to that destruction
| of all the limits prescribed to their power by the
| coustitution-that words meant by the instrument
to be subsidiary only to the execution of the limited
powers, ought not to be so construed as themselves
to give unlimited power part so to be taken,
as to destroy the whole residue of the instrument
That the proceeding of the general government I'M
der color of those articles, will be a fit and neces
sary subject for revsal and correction at time of
greater tranquility while those speclhed IN the pre-
Ceding resolutions call for immediate redress.
! :. KeS0ired That the preceding resolutions be
transmitted to the Senator's and Representatives in
| Congress from the commonwealth, who are enJoined
10 present the to their respective houses, and
to their best endeavors to procure at the next
stitutional and obnoxious acts.
y RtSpLred lastly That the governor Of this COM
monweath be. and is authorized and requested TO
communicate the preceding resolutions to the legis
latures Of the several States to assure them that
this commonwealth considers union for special ma
honal purposes. and particularly for those specified
in their late federal compact, 10 be friendly to the
peace. happiness and prosperity of all the States
that faithful to that compact according to the plain
intent and meaning in which It was understood and
acceded TO by the several parties. it is sincerely
anxious for its preservation that does also believe
that to take from the States all the powers of self
! government and transfer them TO general and
consolidated government without regard to the
| special government, and reservations soemnly
agreed to IN that compact is not for the peace hap
piness or prosperity Of these States And that there
fore this commonwealth is determined. as 1t doubts
not its eo-states are to submit to undelegated
and consequently unlimited powers IN no man,
or body Of men on earth; that If the acts be-
fore specified should stand these conclusions flow
from them; that the general government may
place any they think proper on the list of crimes
and punish it themselves, whether enumerated or
not enumerated, by the constitution cognizable by
them. that they may transfer Its cognizance TO the
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