New Oregon plaindealer. (New Oregon, Iowa) 1859-1866, 1861-08-23
Virginia and Kentucky Resolutions
OF
'98"99.
Kentucky Kesolutisna

a
inc the limited .xtates of America are no
united m the nr;,,, r;ples of unlimited submis
sion to tho General Government, but that b.
compact under the 81. We ana title OF Con
stitutlon fer the United STATES, ana OF amenu
ments thereto. they COM Vtuteo GENERA
Government for special purl roses oelega'ee
to that government certain a eunlte powers
reserying each State to itself TIE reslouar!
mass of right to their own sclfg> 'Vernment
and that whenscever the General ooVern
mont assumes undelegated powers, lts act'
are unauthoritative, void, and of no force
that to this compact each State acceded as
State and is an intergal party; that this Go y
ernment, created by this compact, was not
ma de the exclusive or final judge Of the ex-
tent of the powers delegated to itself; since
that would have made its discretion and not
the Constitution, the measure of its powers;
but, that as in all other cases of compact,
among parties having no common judge,
each party has an equal right to Judge for it
self as well of infractions ss of the mode and
measure of redress.
The Constitution of the United States wes:
formed by the sanction Of the States given by
each in its sovereign capacity. 1t adds to
the stability and dignity, as we'll rs to the
authority OF the Constitution, that it rests on
this legitimate and solid foundation. The
States, then, being the parties to the Consti-
tutional compact, and in their sovereign ca.
pacity, it follows of necessity that there can
be no tribunal above their authority, to de-
eide in the last resort such questions as may
be of sufficient magnitude to require their in.
terposition. The authority Of Constitutions
over Governments and of the sovereignty of
the people over the Constitutions, are truths
which are at all times necessary to be kept
in mind.
2. Resolved, That the Constitution of the
United States having delegated to Congress
power to punish treason, counterteitng the
the securities and coin of the United States,
piracies and felonies committed on the high
seas, and offences against the laws Of nations,
and no other crime whatever, and it being
true, us a 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
prohibited by it to the States. are reserved
to the States respectively. or to the people"
therefore, also, the same act of Congress,
passed on the 14th day of July, 1898, and
eHttled, Gan act in addition to the act enti-
tied an act for the punishment of certain
crimes against the United States;'' and also
the act passed. by them on the 9th day of
June, 1898, entitled "An act to punish
frauds committed on the Banks of the Uni
ted States" land all other of their actswhich
assume to create, define, or punish crimes
others than those enumerated in the Consti-
tution) are 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 and exclusively to the
respective States, each within its own Terri
tory
8. Rcsolved, That it is true, rs a general
principle, and is also expressly declared by
one 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 re-
spectively or to the people," and that no
power over the freedom of religion, freedom
Of speech, or freedom of the press being dele
gated to the United States by the Constitu-
ton, nor prohibited by it to the States, all
lawful powers respecting the same did Of
right remain, and were reserved to the States
or people; and thus was manifested their de.
termination to retain to themselves the right
ofjudging how tar the licentiousness ofspeech
and OF the press may be abridged without
lesssnlng their useful freedom; and how far
those abuses which cannot be separated from
their use should be tolerated rather than use
be destroyed, and thus also they guarded
against all abridgment by the United States,
ofthe freedom Of religious principles and ex.
ercises, and retained to themselves the right
of protecting tho same, as this, stated by q
law passed on the general demand of it's citi-
zens, had already protected them from oil
human restraints or interfereence; and, that,
in addition to this genesal principle and ex.
press declaration, another and more special
provision has been made by one Of the amend.
ments to ths Constitution, which expressly
declares, that "Congress shall make no laws,
respecting the establishment of religion, or
prohibiting the free exercise thereof, or alb
rigging the freedom of speech or of the press,'
thereby guarding in the same sentence, and
under the same words, the freedom of reli-
gion, ofspeech, and of the press, inasmuch,
that whatever violates either. throws down
the sanctuary which covers others, and that
libels, falsehOods, and infamatiou, equality
with heresy and false religion, sre withheld
from the cognlzance of federal tribunals
That therefore the act Of the Congress of the
United States, passed on the 14th of July
| 1898, entitled, Gan act in addition to the aci
entitled an act for the punishment Of certain
crimes against the United Sta,es," which
dees abridge the freedom of the press, is moi
law, but is altogether void and Of no force.
4. Resolved, That alien friends are unde,
the jurisdiction and protection Of the laws o
the State wherein they are; that no pewel
over them has been delegated to the United
States, Nor prohibited to the individual States
distinct from their power over citizens, and
it being true, as general principle and one
of the amendments of the Constitution hav
ing also declared that "the powers not dele
gated to the United States by the Constitu
ton, nor prohibited to the States, are reser
we'd to the States respectively, or to the pso
ple," the act Of the Congress Of the United
Stafos passad tho Oond dav of lime l7q8