New Oregon plaindealer. (New Oregon, Iowa) 1859-1866, 1861-08-23
OREGON IOWA, AUGUST 2SSk 1861.

the Constitution, is not law, but il altogethe
void and of no force.
8. Resolved, That.in additiensto the ge,
eral principle as wellias the EXPRESS declare
ton, that powers not delegated are reservel
ed, another and more special provision ir
ferred in the Constitution, from abundan
caution, has declared, !, sthat the, migratio
or importation of such persons as any of tn
States now existing shall think PROPER to ad
nit, shall not be prohibited-by the Congress
7 prior to the year 1808;;" that this common
. wealth does admit the migration Of alie1
friends described as the subject of the sait
act concerning aliens; that provision agains
prohibiting their migration, is provision
against all acts equivalent thereto, or it woult
, be nugatory; that te remove them when mi
grated is equivalent to prohibition of tn,
migration, and is, therefore, contrary to tht
said provision of the Constitution, and void
i 6. Resolved, That the imprisonment of a
person under the protection of the laws oi
this commonwealth On his failure to obey the
I simple order of the President, to depart oui
q, ethe United States, as is undertaken by the
salt act entitled "An act concerning aliens, u
is con, trary to the Constitution, one amend.
ment IL. which has provided, that "no person
shall be deprived Of their liberty without due
nrocess ~ law and that another having
provided "th, ut in all criminal prosecutions S
the accused sI. VI! enjoy the right ola public
trial by an impal tial jury, to be informed us
to the nature and ,,aose of the accusation to
be confronted with the witness against him,
to have oonnulsorv process for obtaining
witnesses IN his favor, q, to have assistance
cf counsel for his defcnse,' the same act un-
dertakes to authorize the Preeldent 10 re-.
move person out of the Un. tea ceates VINO
isunder the protection of the law, on ms own
suspicion, without jury, without pubic trial,
without conformation of the witness es against
him, without having witnesses in E's favor,
without defense, without counsel, IS contrary
to these provisions also of the Constitution,
and is, therefore, not a law, but utterly void,
and Of no force.
That transferring the rower of judging any
nerson who is under the protection OF the
laws. from the courts of the Presidents Of the
United States as is undertaken 10y the same
act concerning aliens, is against tho article
Of the Constitution which provides That A'the
judicial power ofthe 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 reason also
and 1t is further noted that this transfer of
the Judiciary power is to that magistrate OF
the General Government who already possess
es all the executive, and qualified negative
in all the legislative powers
7. Resolved. That the construction ap-
piled by the General Government las is evi-
dent by sundry of their proceedings) to those
parts Of the Constitution of the United States,
which delegate to Congress power to lay and
collect taxes duties, imports cxcses; to pay
the debts and provide for the common de-
fense and general welfare of the United
States, and to make all laws which shall be
necessary and proper for carrying into execu-
ton the powers vested by the Constitution in
the Government of the United States, or any
department thereof, goes to the destr uction
of all the limits prescribed to their power by
the Constitution words meant by the
instrument to be subsidiary only to the execu-
tion Of the limited powers, ought not to be so
constructed as themselves to give unlimited
power, nor part 80 to be taken, as TO DE-
stroy the whole residue of the instrument
That the proceedings of the General Govern.
ment under color OF those articles will be fit
and necessary subject for revisal and corree.
ton at q time of greater tranquility, while
those specified in the preceding resolutions
call for immediate redress.
8. Resolved, That the preceding resolu-
tions be transmitted to the Senators and
Representatives in Congress from the COM
monwealth. who are enjoined to present the
same to their respective houses, and to use
their best endeavors to procure at the next
session of Congress, repeal OF the aforesaid
unconstitutional obnoxious acts.
9. Resolved lastly, that the Governor OF
this commonwealth be. and is authorized and
requested to communicate the preceding res
olutions to the legislatures ofthe several States,
to assure them that this commonwealth con-
siders union for special national purposes and
particularly for those specified in their late
federal compact, to be friendly to the peace,
happiness and prosperity of all the States
that faithful to the 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 prcser-
vation; that it does also believe, that to take
from the States all the powers of selfgovern-
ment, and transfer them to q general and
consolidated government, without regard to
specal government. aud reservations SOL
emnly agreed to in that compact is not for
the peace, happiness and prosperity of those
States And that therefore, this common.
wealth is determined, as it doubts not its Co
States are, to submit to undelegated and
consequently unlimited powers in no maa,
or body Of men on earth; that if the acts be.
fore specified should stand, these conclusions
flow from them, that the general govern.
ment may place any act 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 the cognizance II the
Presidept or any other person, whcNmay
himself be the accuser, counsel, judge or ju-
Try, whose suspicious may be tho evidence,
his orde. the sentence, his sf6csrs tho execu-
tioAer, and bis breast the sole record Of the
transaction; that . very numerous and val.
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