Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1864-03-05

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Congress prior to the year 1808;" that thl
commonwealth does admit the migration {
: alien friends described as the subject of th
said act concerning aliens; that provisio
against prohibiting their migration is pro
!. vision against all acts equivalent thereto
or it would be nugatory; that to remov
them when migrated is equivalent to th
prohibition of their migration, and is, there
fore, contrary to the said provision of tn
0 Constitution, and void.
, 6. Resolred, That the Imprisonment of
,, person under the protection of the laws O
this commonwealth on his failure to ODE,
the simple order of the President, to depar
out of the United States, as is undertaken
by the said act entitled, "An act concern
ing aliens" is contrary to the Constitution
one amendment to which has provided tina
mo person shall be deprived of liberty with.
out due process of law and that another
having provided, shat in all criminal pros.
ecutions the accused shall enjoy the RICH
TO public trial by an impartial jury to be In.
formed of the nature and cause of the ac-
cusation, to be confronted with the witness
against him, to have compulsory process
ior obtaining witnesses In his favor, and to
nave the assistance of counsel for his de-
renee, the same act undertaking to author
lze the President to remove person out of
the United States who is under the protec-
| ton of the law, on his own suspicion, with
out accusation, without jury, without pub
lie trial, without conformation of the wit
nesses against him, without hearing wit
nesses in his favor, without defence, 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 power of Judging any per-
son who Is under the protection of the laws,
from the courts to the President of the
United States as is undertaken by the same
act concerning aliens, is against the article
Of the Constitution which provides that ''the
Judicial power of the United States shall be
vested in courts, the judges of which shall
hold their offices during good behayior,D
and the said act is void for that reason also,
and 1t Is further to be noted that this trans
Ter or Judiciary power is to that magistrate
Of the General Government who already
possesses all the executive, and negative on
all the legislative powers. a4 - s.,
z. Res0lUed, That the construction applied
by the charter which defines them; and that
indications have appeared of design to
expound certain general phrases (Which
having been copied from the very limited
grant of power in the former articles of
confederation, were the less liable to be
misconstrued) so as to destroy the General
Government Gas is evidenced 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. excuses; to
pay the debts and provide for the common
defense and general welfare of the United
States, and to make all laws which shall be
necessary and proper for carrying into ex-
h0 faI
ton in the Government of the United |
States, or In any department or officer there
OF, goes to the destruction of all limits pre-
scribed to their power by the Constitution |
that words meant by the instrument to |
be subsidiary only to the execution of lin |
tied powers, ought not to be SO constructed |
rs themselves to give unlimited powers. nor |
q part to be taken, as to destroy the whole |
residue of the instrument. That the pro- |
ceeding of the General Government under |
color of those articles will be fit and ne
,essary subject for revisal and correction at |
! time of greater tranquility, while, those
specified In the preceding resolutions call
Tor immediate redress.
s. Resolved, That the preceding resolutions
be transmitted to the Senators and Rep
in Congress from the common
wealth, who are enjoined to present the
'ame to their respective houses, and to use
heir best endeavors to procure at the next
session of Congress a repeal of the afore-
aid unconstitutional and obnoxious acts.
( 8. Resolved, lastly, That the Governor of
his commonwealth be, and is authorized h
ind requested to communicate the preced-
ng resolutions To. the Legislatures of the
several States, to assure them that thiscom-
considers union for specified ma
ional purposes, and particularly for thoseh
specified i'm their late Federal Compact, to Z
be friendly to the peace. happiness. and
PROSPERITY of all the States-that faithful To
hat COMPACT. according To the plain intent
md meaning in which 'it, was understood
ind 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.goyernment.
md transfer them to a general and consoli-
lated government, without regard to the
peciaf delegations and reservations. SOL
,mhly agreed to in that compact, is not for
he peace, happiness. or PROSPERITY of'these1i
states. And that, therefore, this common
wealth is determined, as it doubts not its CO.
states are, to submit TO undelegated and
0nsequehtly unlimited powers In no man,
,r body of men, on earth; that If the acts
,efore specified should stand, these conclu-
ions would flow from them, that the Gem
raj Government may place any act they
hink proper on the list of crimes and pun
sh it themselves, whether enumerated or
lot enumerated by the Constitution cogniz-
BILE by them, that they may transfer its |,
pgnizance to The President or any other per-
on, tcho may himself be the dccuser, counsel,
,i71e and isiyy qpose s,ts,,icioDs ,,10u he The