The Placer herald., 1861-06-22
Kentucky and Virginia Resolutions.

IL UeSOfUeu, uat the several StateS composing
the United States OF America are not united on
the principle of unlimited submission to their
general government; but that by compact, they
constitute general government for special pur-
poses, delegated to that government certain def
mite powers reserving, each State to itself, the
residuary mass of right to their own self govern
ment and that, whensoever the general govern
ment assumes undelegated powers, its acts, are
unauthoritativc, void and of no torce that to this
compact each State acceded as Il State, and is an
integral party; that this government. created by
this compact, was not made the exclusive or final
Judge OF the extent Of the powers delegated to
| itself. since that would have made its discretion,
and not the Constitution. the means of its powers
but that. rs in all other cases of compact among
! parties, having no common judge, each party has
an equal right to Judge for itself rs well OF in
fract lions as Of the mode and measure of redress
| 2. Resolved. That the Constitution Of the Unit
ed States, having delegated to Congress power
! to punish treason, cOuntereiting the securities
and current coin of the United States, piracies
and feoncs committed on the high seus, and
offences agaast the laws Of nations, and no other
crimes whatever; and it being true as general
principle, and one Of the amendments to the Con-
stituton having also declared "tbat the powers
not delegated to the Untad States by the Con-
stitution nor prohibited by it to the States are
reserved to the States respectively. or to the peo-
plc;" therefore also, the same act Of Congress
passed on the l4th day of July, 1898. and entltl
ed "An Act in addition TO the Act entitled An
Act Tor the punishment of certain crimes against
the United Statcs;'" as also the act passed by
them on the 9th day OF June, 1898, entitled
IAN Act to punish frauds committed on the Bank
of the United States" (and all other their acts
which assume to create, define or punish crimes
other thnn those enumerated in the Constitution)
re altogether void, and OF no force; and that
the power to create. define and punish such other
crimes is reserved, and of right appertains solely
| ,,.,l to fhar StntcG
within its own territory.
3. ResOirtd That it is true asa general prin-
ciple, and is also expressly declared by one OF
the amendments to the Constitution. that 1.-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 to the
people," and that, no power over the freedom OF
re lgiOn, freedom Of speech. or freedom OF the
press being delegated to the United States by
the Constitution, nor prohibited by it to the
States, all lawful powers respecting the same did
of right remain. and were reserved to the States
or to the people; and thus was manifested their
determination to retain 10 themselves the right
of Judging how far the lcentiousness Of speech
m of the press mny be abridged, without les
scning their useful freedom. and how far those
abuses which cannot be separated from their use.
should be tolerated rather than the use be de.
stroycd; and thus also they guarded against all
abridpment by the United States. Of the freedom
to themselves the right of protecting the same,
as this. stated hy law passed on the general de-
nand Of its citizens had already protected them
from all human restraint or interference; and that
in addition TO this general principle and express
declaration, another and more special provision
has been made by of the amendments to the
Constellation, which expressly declares that Con
grcss shall make no laws respecting an establish
ment of religion, or prohibiting the free exercise
thereof, or abridging the freedom Of speecu 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, insomuch
that whatever violates either, throws down the
sanctuary which covers the others,-and that
libtls, falsehood and defamation, equally with
hcresy and false religion. are withheld from the
cognizance federal tr bunals. That. therefore,
the act of Congress OF the United States, passed
on the l4th Of July. 1898. entitled "An Act in
addition to the Act entitled An Act for the pun
ishment of certain crimes against the United
States.'" which does abridge the freedom of the
press is not law. but is altogether void and of no
force
4. Resolved, That alien friends under the
jurisdict II and protection OF the laws OF the
State wherein they are; that no power over them
has been delegated to the United States. nor pro-
hbited to the individual States, distinct from
power over citizens; and it being true. MS gene
raj principle. and one OF the amendments to the
Constitution having also declared, that "the pow
ers not delegated to the United States by the
Constitution, nor prohibited to the States. are, re-
served to the States respectively. or to the pro-
pie" the act OF Congress of the United States.
passed the 22d day Of June, 1898 entitled IAN
Act concerning Aliens" which assumes power
over alien friends not delegated by the Constitu-
ton is not law, but is altogether void and of no
force.
5. Resolped. That in addition to the general
principle, rs well as the express dcclnraton that
n Oplpuntt1 reserved. another ana
more special provision inserted in the Constitu-
tion from abundant caution, has declared THAT
the migration or importation Of such persons as
any of the States nov existing shall think proper
TO admit, shall not he prohibited by the Congress
prior to the year 1905" That this Common
wealth does admit the migration OF alien friends
described rs the subject OF the said act concerning
aliens that IL provision against prohibiting their
migra ion is provision against all acts equlva-
lent thereto, or it would lie nugatory: that to re-
move them, when migrated, is equivalent TO
prohibition of their migration, and is. therefore,
contrary to the said provision of the Constitution
and void.
g. Resoired, That the Imprisonment of per
ron under the protection Of tn" laws OF this Com
monwealth, on his failure to obey the simple
order of the President to depart out OF the Unit
ed States as is undertaken by the said act cntitl-
ed IAN Act concerning Aliens" is contrary to
the Constitution, one amendment in which is pro-
vitled that mo person shall be deprived of libcr-
ty without due process of laws" and that another
having provided "that in all criminal prosecu-
ito, s. the accused shall enjoy the right of pub
lie trial by an impartial jury to be informed as to
the nature and cause OF the accusation, to he con-
routed with the witnesses against him, to have
compulsory process for obtaining witnesses in his
favor, and to have assistance OF counsel for his
Defense" the same act undertaking 10 authorize
the President to remove II person out OF the Unit
ed States who is under the protection OF the law.
on his own suspicion. without jury, without pub
lie trial, without conformation OF the witnesses
against him. without having witnesses IN his
favor, without defense, without colnsei:-contra-
ry to these provsiors. also, OF the Constitution
is therefore not law, but utterly void and of no